CCAO LEGISLATIVE

2 0 1 - PLATFORM

STRONGER COUNTIES. STRONGER OHIO. CCAO POLICY TEAM

Back: Adam Schwiebert, Policy Analyst; Jon Honeck, Senior Policy Analyst Front: Cheryl Subler, Executive Director; John Leutz, Assistant Director, Rachel Massoud, Policy Analyst

Cheryl Subler Adam Schwiebert Executive Director Policy Analyst (614) 220-7980 (614) 220-7981 [email protected] [email protected]

John Leutz Rachel Massoud Assistant Director Policy Analyst (614) 220-7994 (614) 220-7996 [email protected] [email protected]

Jon Honeck Senior Policy Analyst (614) 220-7982 [email protected]

COUNTY COMMISSIONERS ASSOCIATION OF OHIO 209 E. STATE ST. | COLUMBUS, OHIO| 43215 614-221-5627 | WWW.CCAO.ORG

TABLE OF CONTENTS LEGISLATIVE PRIORITIES 1-2

AGRICULTURE & RURAL AFFAIRS 3-8

GENERAL GOVERNMENT & OPERATIONS 9-14

HUMAN SERVICES 15-18

JOBS, ECONOMIC DEVELOPMENT & INFRASTRUCTURE 19-28

JUSTICE & PUBLIC SAFETY 29-35

METROPOLITAN & REGIONAL AFFAIRS 36-38

TAXATION & FINANCE 39-49

WATER QUALITY TASK FORCE 50-54 EXECUTIVE COMMITTEE

Tim Bubb Deborah Lieberman Tom Whiston Licking County Montgomery County Morrow County Commissioner Commissioner Commissioner President 1st Vice President 2nd Vice President

Armond Budish Glenn Miller Julie Ehemann Mike Halleck Cuyahoga County Henry County Shelby County Columbiana County Executive Commissioner Commissioner Commissioner Secretary Treasurer Past President Member

BOARD OF DIRECTORS Chris Abbuhl Jeffrey Fix Ryan Mack Tuscarawas County Commissioner Fairfield County Commissioner Defiance County Commissioner

Ron Amstutz Pete Gerken Gary Merrell Wayne County Commissioner Lucas County Commissioner Delaware County Commissioner

Tony Anderson Dick Gould John O’Grady Fayette County Commissioner Greene County Commissioner Franklin County Commissioner

Terry Boose Thomas Graham Matt Old Huron County Commissioner Jefferson County Commissioner Erie County Commissioner

Sabrina Christian-Bennett Steve Hambley David Painter Portage County Commissioner Medina County Commissioner Clermont County Commissioner

Doug Corcoran John Hamercheck Christiane Schmenk Ross County Commissioner Lake County Commissioner Union County Commissioner

Bryan Davis DeAnna Holliday Ilene Shapiro Scioto County Commissioner Lawrence County Commissioner Summit County Executive

Denise Driehaus Shannon Jones Douglas Weisenauer Hamilton County Commissioner Warren County Commissioner Crawford County Commissioner

Lenny Eliason Casey Kozlowski Athens County Commissioner Ashtabula County Commissioner STRONGER COUNTIES. STRONGER OHIO.

CCAO PLATFORM KEY PRIORITIES

Ohio’s 88 counties serve as the arm of state government charged with providing vital services to Ohioans on the state’s behalf. County government provides an array of valuable programs and services affecting the day-to-day lives of Ohio residents unmatched by any level of government. From providing public safety to economic development to human services and more, county government’s impact on the individual lives of Ohioans is profound.

Ohio’s counties and the state are fundamentally connected, and it is our shared responsibility to make Ohio stronger so that our citizens and communities can thrive. In this mutual quest to achieve common goals, a strong partnership is vital.

The state-county partnership has experienced significant challenges over the years. The loss of the Medicaid managed care organization (MCO) sales tax and severe reductions in the Local Government Fund (LGF) have eliminated over $300 million per year in county revenue. While casino revenue has helped fill some of this gap, adding back about $100 million per year, it is not a panacea.

The continuing opiate epidemic strains justice and public safety budgets. County jail facilities are overcrowded, aging and ill-equipped to handle Ohio’s changing jail populations. Limited county revenues are being increasingly called upon to meet ever-growing demands.

Fortunately for counties, there have been positive developments in the state-county partnership which provide a pathway for future successes. Historic state investments in indigent defense reimbursement and Children Services provided much-needed resources into these critical areas. The most recent state capital budget included $50 million for county jail construction and renovation. The state’s modernization of Ohio’s sales tax statutes regarding remote sales has also bolstered a key county revenue stream. The governor and General Assembly’s efforts to modernize the funding of Ohio’s transportation infrastructure has also provided new resources needed to keep Ohioans and businesses moving freely. These actions and more serve as the foundation for the next phase in strengthening the critical state-county partnership.

CCAO’s legislative platform outlines scores of ways to further strengthen counties and enhance the partnership. While all are important, three key pillars underpin the health of the state-county partnership in the years ahead.

ONE – REVENUE STABILITY AND FULFILLING STATE FUNDING RESPONSIBILITIES The state must dedicate adequate resources to counties to ensure that counties, as the state’s agent, can successfully accomplish the state’s mission and directives at the local level. This requires the state to: • Assume full funding responsibility for indigent defense. The state made great progress in H.B.166 to provide counties with additional resources to fund indigent defense costs. Now is the time for the state to take the final step and finally relieve counties of this state-mandated funding obligation and return it to where it rightfully belongs – the state. • Restore the LGF to its previous statutory level of 3.68% of the General Revenue Fund (GRF) taxes, creating an additional $145 million annually for counties. Currently the LGF receives 1.68% of GRF taxes, as compared to 3.68% in 2008.

2021/2022 Legislative Platform | 1 • Ensure that counties do not bear the financial burden of implementing the federal Family First Prevention Services Act. This looming federal requirement threatens to further strain county resources, which still constitute the largest share of funding for the child welfare system.

TWO – ECONOMIC DEVELOPMENT County government must be given an even greater role in promoting a climate that encourages strong economic development. Modern, well maintained public infrastructure, coupled with a dependable skilled workforce are vital when it comes to attracting businesses to Ohio’s communities. The state can partner with counties to create a job friendly environment by focusing on these top policy priorities: • Expand access to broadband technology to unserved and underserved areas and ensure that counties have a seat at the table in shaping future expansion efforts. • Ensure that counties help to set the agenda for JobsOhio and other state economic development agencies. • Address the needs of modern water and sewer infrastructure.

THREE – PRESERVATION OF THE SALES TAX BASE Protecting county resources by preserving the sales tax base is critical for county fiscal stability. The sales tax is the most important revenue source for both the state and for counties, yet the General Assembly continually carves out new exemptions from the sales tax. Ohio must protect the existing sales tax base from further erosion and carve outs.

2 | 2021/2022 Legislative Platform AGRICULTURE AND RURAL AFFAIRS Chair: Tony Bornhorst, Shelby County Commissioner Vice Chair: Bill Clinger, Wyandot County Commissioner Staff: Adam Schwiebert, Policy Analyst Agriculture is Ohio’s No. 1 industry, contributing COMMITTEE PRIORITIES more than $100 billion annually to the state’s economy and employing one in seven Ohioans. CCAO WATER QUALITY recognizes that agriculture will continue to diversify, requiring resources and innovation to address the Water quality has become one of Ohio’s highest increasingly complex challenges and promising priorities. Wastewater treatment plants, combined opportunities of the future. sewer overflows and bypasses, industrial discharges, failing home sewage treatment systems, dredge Water quality is a complex challenge impacting the material disposal and runoff from agriculture all are agricultural industry via nonpoint source nutrient contributing excessive amounts of nutrients to our losses. Agricultural producers who utilize best waterways. management practices to reduce nutrient runoff should be recognized for their efforts to improve water quality. However, there also must be a THE FEDERAL, STATE AND LOCAL continued emphasis on those producers who do GOVERNMENTS AS WELL AS THE not employ best management practices or make the protection of water quality a priority on their AGRICULTURAL INDUSTRY MUST ALL operations. All agricultural producers, along with their industry partners, must make protecting water PLAY A ROLE IN PROTECTING OHIO’S quality a priority if Lake Erie’s health is to improve. WATER RESOURCES. Continued research and funding are needed to Agriculture is working to implement best solve these challenges. Ohio has increased its management practices such as the 4 R’s – the commitment to improved water quality through right fertilizer, the right rate, at the right time, in the enhanced support for Soil and Water Conservation right place. Cover crops, manure management and Districts, OSU Extension, the H2Ohio Fund and other effective drainage are also important. More farmers initiatives. are utilizing soil testing data for precision fertilizer

application. As better management practices are It is imperative that this support continue forward, as identified, they must be accompanied by education much remains to be learned and more work needs to that gives the producers the knowledge and tools to be done before long-term water quality improvement implement them. is achieved. Continued collaboration among industry and federal, state and local governments as well as Historic storm events that produce heavy rainfall centers of higher education is critical to addressing have been identified as a significant challenge. this problem. These storms cause a large percentage of nutrients to leave fields and enter watersheds. These heavy Additionally, high-speed internet access in rural Ohio rains are also consequential for point sources such is an ongoing challenge that must be addressed to as wastewater treatment plants, which need funding unlock the economic, educational, medical and other to upgrade infrastructure. Nutrient losses from other benefits that a connected society provides. Too many Ohioans are still unable to access these benefits nonagricultural sources such as golf courses and because of a lack of high-speed internet access. homesites should be examined as well. Ohio has taken initial steps to address this problem, but the state must expand upon those efforts. SOIL AND WATER CONSERVATION DISTRICTS CCAO supports a state funding match to incentivize investment in Soil and Water Conservation Districts 2021/2022 Legislative Platform | 3 AGRICULTURE AND RURAL AFFAIRS (SWCDs). It has long been CCAO’s policy to support a FUNDING FOR WATER QUALITY IMPROVEMENTS, 1:1 state to local match for SWCD funding. EDUCATION AND RESEARCH

H.B. 166 of the 133rd General Assembly made a CCAO supports continued funding for the H2Ohio meaningful investment of $5 million per year for Soil Fund. Improving water quality will require sustained and Water Conservation District matching funds. It is state investment in projects and best practices critical that the state maintain this investment and across the state. Whether in assisting farmers ensure that all counties have the necessary state with modern equipment and technology to reduce resources available to address the unique challenges nutrient runoff, restoring wetlands, or replacing facing their communities. failing septic systems, the H2Ohio Fund is an important resource for water quality improvement SWCDs provide expert assistance to address both efforts. H2Ohio programs have shown great interest agricultural and urban concerns. SWCDs are locally from agricultural producers, and it is important that led by a board of five elected county residents to this momentum is continued and expanded so that address local priorities. SWCDs: all areas of the state benefit from this vital program. • Work closely with Ohio’s agriculture industry to CCAO supports more state funding for Ohio’s reduce nutrient impacts suspected to contribute research centers to study water quality issues. to harmful algal blooms (HAB’s). This includes Heidelberg University’s National Center of Water the development of written nutrient management Quality Research, University of Toledo’s Lake Erie plans; recommending best management Center and Ohio’s Sea Grant program, including Ohio practices; and, by designing and supervising State University’s Stone Lab, are on the forefront of construction of water management structures. studying water quality issues. • Leverage federal funding from USDA and other sources for local projects. These institutions work to maintain the health of Lake Erie and support the many economic activities • Assist with storm water management and flood associated with the lake. They monitor and seek prevention through urban programs as well as solutions to problems around water quality, invasive ditch maintenance and stream obstruction species and a host of other issues. These research removal projects. SWCD’s help county centers also train teachers, P-12 students and commissioners resolve citizen drainage issues. college students in key science disciplines and • Install best-management practices through educate a new generation of consumers about the nutrient credit trading programs, helping to critical nature of Lake Erie’s well-being. reduce the cost of a treatment plant or point source upgrades by implementing less costly CCAO is encouraged by recent grants from the Ohio non-point source conservation practices. Department of Higher Education’s Harmful Algal Bloom Research Initiative, as well as the hiring of a Water • Encourage the wise use or conservation of Quality Director by the College of Food, Agricultural and natural resources so they can be used by Environmental Sciences at The Ohio State University. current and future generations. Additionally, any enforcement of agricultural Future research should examine the causes of regulations should be done by the Ohio Department increased phosphorus solubility, as increases in of Agriculture (ODA) or Ohio Environmental Protection dissolved reactive phosphorus have driven algal Agency (OEPA) while SWCDs main functions should bloom development in recent years even while be maintained as an advisory role. It is critical that farmers have applied less product. the trust and relationships SWCDs have with local farmers be maintained. RURAL BROADBAND AND COMMUNICATIONS INFRASTRUCTURE

At least 300,000 households in Ohio lack access to reliable high-speed broadband internet service,

4 | 2021/2022 Legislative Platform AGRICULTURE AND RURAL AFFAIRS H.B. 13 of the 133rd General Assembly is another promising proposal to assist in broadband expansion efforts. The $20 million residential broadband expansion program would help overcome cost hurdles currently preventing broadband service to unserved and underserved areas of the state. These types of public-private partnerships will be necessary going forward if Ohio wishes to shrink its significant broadband gap.

Counties look to play a role in expanding broadband service to their residents. Numerous federal, state and nonprofit broadband grant programs create a complex web for counties to navigate. The state should assist counties in detailing which programs are available and how counties may participate in these programs.

Counties are eager to find ways to provide their local insights and efforts into expanding broadband service within their communities as part of a broad statewide strategy. This state strategy should be open to all forms of broadband technology AT LEAST 300,000 HOUSEHOLDS IN and providers and take affordability factors into OHIO LACK ACCESS TO RELIABLE consideration. State grants to a wide range of broadband providers will likely be necessary to HIGH-SPEED BROADBAND. ensure project feasibility. with many of these unserved households located in Counties look to secure more reliable cell phone rural areas. Broadband provides access to countless service across all portions of the state. Counties economic, educational, health, and social resources. would also like to continue to explore ways to provide This broadband gap must be closed if every Ohio cost-efficient emergency services communications county is to thrive. and secure adequate funding to provide these critical services. This can range from partnerships for radio ACCESS TO RELIABLE AND systems and towers to appropriate implementation of Next Generation 9-1-1. Counties should have the AFFORDABLE HIGH-SPEED INTERNET authority to make use of utility infrastructure, such as cell, MARCS and cable towers, for county emergency IS ONE OF THE GREAT SOCIAL communication equipment.

EQUALIZERS OF OUR TIME. RURAL ROAD FUNDING

The DeWine administration and General Assembly While CCAO supports the expansion and have made good initial progress in recognizing the development of agribusinesses as well as all broadband challenge. The release of Ohio’s first-ever industries, including new energy infrastructure broadband strategy in late 2019 laid the groundwork development, counties need resources and for addressing Ohio’s broadband challenges and assistance to address new infrastructure demands opportunities. The creation of the state broadband caused by this expansion and development. County office, BroadbandOhio, provides a central location roads are impacted by the development of new to coordinate expansion efforts with state agencies, industries in rural areas and the day-to-day operation internet providers and local governments. of certain facilities. CCAO supports additional grants and resources from the state to help finance such 2021/2022 Legislative Platform | 5 AGRICULTURE AND RURAL AFFAIRS infrastructure. Such grants should give consideration component of effective water management. CCAO to the amount of roadway impacted. applauds the recent reform of Ohio’s petition drainage statutes and will continue to monitor the CCAO also supports a requirement that any updated process for further potential improvements. industry that unduly impacts roadways consult with commissioners and engineers to identify financing for FARMLAND RESTORATION infrastructure improvements or road use maintenance agreements. These industries should assume some Parts of rural Ohio have seen significant utility responsibility when roads have been unduly impacted. construction in recent years, particularly pipeline CCAO also supports a restructuring of the fees and construction, which has impacted many acres of fines associated with load limits on highways to Ohio farmland. While these projects help generate combat irresponsible use of county roadways. economic activity, they also can negatively impact soil productivity and damage drainage systems along CCAO supports a requirement that, in addition to local the construction route. The failure to replace topsoil governments, county engineers should be notified to an adequate depth and repair preexisting drainage of anticipated major new operations or expansions systems can greatly reduce soil productivity and of businesses. County engineers also should be require significant landowner expense to return the permitted more flexibility in force account projects to land to its original productivity. provide for road and bridge repair. All pipeline construction projects in Ohio crossing CCAO recommends the state’s economic development agricultural land should incorporate the Ohio efforts focus various incentives and/or development Pipeline Standards and Construction Specifications grant monies toward development of rural developed by the Ohio Department of Agriculture. infrastructure necessary to support the agriculture These standards ensure that farmland affected by industry. Also important is maintaining access to key pipeline construction will be returned to its previous processing facilities in urban areas that are utilized by productive state once construction has concluded. the agriculture industry. CURRENT AGRICULTURAL USE VALUATION FEDERAL WATERS OF THE U.S. RULES The General Assembly undertook a significant rewrite In April 2020, the US EPA and Department of the of the Current Agriculture Use Valuation (CAUV) Army published the final rule in the Federal Register formula in H.B. 49 of the 132nd General Assembly. to provide a revised definition of Waters of the United By restructuring the capitalization rate calculation, States (WOTUS) under the Clean Water Act. WOTUS CAUV rates have experienced appreciable declines has been the subject of long-running litigation and beginning in Tax Year 2017. These declines are likely regulatory uncertainty over where federal jurisdiction to continue as the second phase of formula changes begins and ends for protected wetlands. Previous takes place from 2020-2022. version of the rule would have expanded federal jurisdiction to impact certain county owned and The fiscal impact of the reworked CAUV formula maintained waterways. As the new rule is implemented, should be monitored as formula changes are fully counties wish to work with federal and state regulatory implemented. The recent declines have helped bring agencies to achieve a pragmatic implementation that property tax relief to farmers who experienced historic advances clean water goals without hindering counties’ CAUV value increases in past years, but CCAO also vast infrastructure responsibilities. recognizes that property taxes are important sources of revenue that provide for many county services, fund DRAINAGE our schools and support our townships.

Drainage infrastructure is critical to property CCAO also supports the work of county auditors to protection and agricultural soil productivity enforce CAUV eligibility to ensure that those who maximization. Ensuring adequate maintenance of benefit from the program utilize the land for its rivers, creeks, and other tributaries is an important lawfully intended purpose. 6 | 2021/2022 Legislative Platform AGRICULTURE AND RURAL AFFAIRS COMMITTEE RECOMMENDATIONS and determined through a local consensus-building process involving municipalities, townships, school FUNDING OF OHIO STATE UNIVERSITY EXTENSION districts, local development and business interests, farmers and the general public. CCAO supports increasing the level of state and federal support for OSU Extension provided that an Legislation also should be enacted to give counties appropriate share of new funds will be used to relieve the tools they need to preserve farmland and county general fund contributions. Maintaining an encourage quality urban development while OSU Extension educator in each county and building respecting property rights. This includes legislation to capacity in priority program areas should be the top allow counties to increase the period of recoupment priorities. for CAUV, with the added proceeds going towards farmland preservation efforts, agricultural economic OSU Extension builds better lives and stronger development, comprehensive planning and communities through partnerships and sharing infrastructure projects. knowledge; supports Ohio’s number one industry, agriculture; and develops future leaders through 4-H. ANY STATE PROGRAM TO PRESERVE Each county’s OSU Extension program works with county government to meet local needs with the input FARMLAND SHOULD RECOGNIZE of local people to most efficiently use scarce resources. In addition to agriculture and 4-H, OSU Extension THE PARTNERSHIP BETWEEN THE administers federally funded nutrition education programs; helps individuals, families and businesses STATE, LOCAL GOVERNMENTS manage resources; and supports community AND LANDOWNERS, AND THAT development. On-farm research to study nutrient management is identifying ways to reduce harmful SIGNIFICANT STATE MATCHING algal blooms (HAB’s) in Ohio’s lakes. 4-H members gain skills that prepare them to enter the workforce DOLLARS ARE NEEDED TO through community clubs and school programs. People of all ages learn to “live healthy, live well” and better SUPPLEMENT LOCAL EFFORTS. manage finances through OSU Extension. State programs should include technical assistance CCAO supports OSU Extension in efforts to provide and funding to assist in local administration, flexibility in staff distribution and programming. monitoring and enforcement of agricultural Furthermore, OSU Extension must also remain flexible easements. In addition, authority should be granted and open to commissioner input to allow for counties so that the holder of any new easement may charge to utilize Extension expertise and resources in the a fee to support mandated responsibilities. most effective manner for each specific county and in a manner that recognizes limited county resources. ODA’s Office of Farmland Preservation, in partnership with local governments and private land conservancies, FARMLAND PRESERVATION should provide funding for the purchase of agricultural easements to compensate farmers for agreeing to CCAO supports fair and equitable policies to keep agricultural land in farm production permanently. encourage the preservation of economically This has occurred due to the successful passage viable agricultural land and protect it from urban of the Clean Ohio Bond Initiative. CCAO supports encroachment and conflicting land uses. Farmland a review of Clean Ohio Fund distribution between preservation should be promoted to maintain a the Ohio Farmland Preservation Office and Natural thriving agricultural industry and foster the expansion Resources Assistance Councils, as well as the inclusion and development of agribusiness. of farmland for eligibility in greenspace/open space project funding. In addition, CCAO supports efforts by The need for farmland preservation should be the Office of Farmland Preservation to ensure a simpler, included in any comprehensive county land use plan user-friendly application for agricultural easements. 2021/2022 Legislative Platform | 7 AGRICULTURE AND RURAL AFFAIRS Another farmland preservation tool is Agricultural OARDC is the research arm of the College of Food, Security Areas (ASA). This program was created in Agricultural, and Environmental Sciences of The Ohio 2005 and allows one or more landowners of at least State University and is a leader in the AgBiosciences 500 acres of contiguous farmland to enroll into that integrates scientific disciplines critical to food an ASA for 10 years. This will protect the farmland production, safety and health; environmental from non-agricultural development. Public-private sustainability; and biobased energy, fuel and products. partnerships should be considered in order to • OARDC research is conducted on the Columbus qualify more farmland. Land that is owned by local and Wooster campuses as well as CFAES 11 governments, if the local government would like to outlying research stations and field labs. These participate, should be allowed to help landowners locations enable OARDC research to provide meet the minimum acreage requirement to qualify for direct impact on economic development an ASA. and regional planning statewide. The close collaboration between OARDC and the OSU When discussing farmland preservation, the network advances knowledge, advances development and maintenance of strong urban science, and advances industry. centers where people want to work and raise a family are important in preventing rural sprawl. In a holistic • The State of Ohio’s investment in OARDC approach, the state should examine its policies and leverages more than $175 million in current planning related to urban growth and revitalization of grants and contracts from both the public our urban cores. and private sectors - a more than $5 return on investment for every $1 invested. FUNDING OF OHIO STATE UNIVERSITY COLLEGE OF • OARDC has a history spanning more than AGRICULTURE 125 years of providing comprehensive research and development programs to Ohioans in the CCAO supports funding for academic programs of AgBiosciences. This history has been critical the College of Food, Agricultural, and Environmental to the growth and competitiveness of our major Sciences (CFAES) as well OSU Extension. commodities and value-added industries as well as providing new and emerging industries Agriculture is a $100-billion-dollar-plus industry for the science-based information needed to solve our state, so a competent agricultural workforce is problems impacting market sustainability. critical to our economic well-being. The Agricultural Technical Institute (ATI), OSU’s two-year program, • OARDC is an economic engine for Ohio that is the leading producer of two-year degrees in food brings in federal and private-sector grant funds and agriculture in the U.S. Well over 90% of ATI and and helps grow businesses. CFAES graduates are placed in jobs or continue their Additionally, all plant health from the grass, flowers education within six months of graduation. Seventy and trees are part of the CFAES mandate to provide percent of those graduates remain in Ohio, keeping a healthy environment for citizens in Ohio. CFAES our #1 industry strong. CCAO supports a funding experts are highly respected and world renowned. mechanism for ATI that takes into consideration the unique nature of this program – a two-year degree FAIRGROUND FUNDING program within a four-year institution – so that it can provide job-ready grads for Ohio employers. CCAO supports continued state funding for county and independent fairground improvements. FUNDING OF OARDC Lawmakers should continue investment into agricultural societies via the Agricultural Society CCAO supports a continuation of state funding for the Facilities Grant Program. This program, administered Ohio Agricultural Research and Development Center by ODA, provided $4.7 million in grants to county (OARDC) to continue the growth and development of and independent agricultural societies in FY 20 to Ohio’s agricultural industry, along with stewardship of support capital projects. CCAO hopes the legislature the environment. will continue this program into the future.

8 | 2021/2022 Legislative Platform GENERAL GOVERNMENT AND OPERATIONS Chair: John O’Grady, Franklin County Commissioner Vice Chair: Bill Pursel, Knox County Commissioner Staff: Cheryl Subler, Executive Director and Rachel Massoud, Policy Analyst COMMITTEE PRIORITIES The state took significant strides in the last biennial budget toward fully funding indigent defense UNFUNDED MANDATES reimbursement. First, the state eliminated the statutory provision limiting reimbursement to 50%. Counties find themselves in the difficult position Second, the state increased General Revenue Fund of balancing unprecedented revenue losses with (GRF) funding to a level where reimbursement was escalating costs. Most of this is the result of federal projected to be approximately 70% during FY 2020 and state policies enacted over the last decade. The and 90% during FY 2021. Actual reimbursement loss of the Medicaid Managed Care Organization for FY 2020 was 75%, however, budget expenditure (MCO) sales tax and reductions in the Local reductions implemented due to COVID-19 have Government Fund (LGF) have resulted in ongoing reduced the projected reimbursement rate for FY annual revenue losses of over $300 million. The loss 2021 to 70%. The state should take the final step of Ohio’s grandfather clause to the federal Internet in the FY22/FY23 biennial budget and provide full Tax Freedom Act resulted in another approximately funding for indigent defense reimbursement. $40 million sales tax loss for counties. Casino revenue has helped fill some of this gap, adding Conducting elections back about $100 million per year, but exploding costs associated with the opiate epidemic as well as As new federal and state election requirements have mandates from the state continue. been enacted, adequate federal or state funding has not been provided for certain mandates. CCAO is very Unfunded mandates are laws or policies enacted concerned about the compounding fiscal burden of by the federal or state governments that require these incremental mandates and urges full funding governments at the next level down to spend for requirements passed on to counties. money. All bills that Ohio’s General Assembly enacts imposing new or additional requirements on counties Absent such funding from the state and federal should be fully funded by a state appropriation. government, and given the unique power of local boards of elections to seek judicial relief in budget Further, the General Assembly should modify or fully deliberations, CCAO recommends boards of election fund the following onerous or outdated mandates on members and staff become state employees and the county government: state fund election services.

Indigent defense In addition, CCAO supports curtailing August special elections and supports consideration of reasonable, potential cost-saving measures such as elections by THE STATE SHOULD ASSUME mail with appropriate guidelines that assure a fair FULL RESPONSIBILITY FOR and accurate election. FUNDING INDIGENT DEFENSE Medically handicapped children REIMBURSEMENT. The Department of Health currently has the authority to require counties to withhold inside millage to pay The state should assume full responsibility for for programs run through the Ohio Department of funding indigent defense reimbursement. In Gideon v. Health’s Bureau for Children with Medical Handicaps. Wainwright (1963), the U.S. Supreme Court held that This state administered public health program should the fundamental right to counsel is made obligatory be funded by state revenue sources. upon the states by the fourteenth amendment. 2021/2022 Legislative Platform | 9 GENERAL GOVERNMENT AND OPERATIONS General health department office space COMMITTEE RECOMMENDATIONS

Office space costs of general health districts should SHARED SERVICES become operating costs of the district in the same way such costs are classified in combined health districts. CCAO seeks the ability for a board of county In addition, the use of voted health levies to fund commissioners to require other county offices (which office space costs should be specifically authorized. are funded from the county general fund) to use It would provide an additional means to eliminate the centralized services for electronic networks and unfunded mandate on the county general fund, since phones as well as security systems. counties are not required to provide money for health departments’ operating budgets. QUALIFICATIONS FOR COUNTY ENGINEER

Tuberculosis treatment costs Under Ohio law, any person who seeks the office of county engineer must hold both a professional County commissioners have an antiquated statutory engineer license and a professional surveyor license. duty to pay for treatment and detention costs for Across Ohio, this has limited the number of citizens those afflicted with tuberculosis (TB). In the past, eligible to seek the elected office of county engineer the Ohio Department of Health has made limited to less than 1 percent of the county’s population. funds available to counties for individual cases with In a democracy, this seems patently unfair to the successful treatment outcomes. Help from the state citizens wishing to elect from a broad base of is appreciated, however, with an average of 163 qualified citizens. active TB cases each year, the cost can range from several thousand to well over $100,000 per case. Therefore, CCAO advocates that the requirement Counties need relief from the unfunded mandate, of holding the professional surveyors license be and the state should either fully fund this duty or put dropped as a requirement for election to the office of the responsibility in a more logical place. county engineer.

LOCAL GOVERNMENT STRUCTURAL REFORMS E-COMMERCE APPLICATIONS FOR COUNTY GOVERNMENT CCAO supports efforts to re-examine the structure of county government and explore ways to consolidate CCAO supports permissive enabling legislation that services and operations to gain efficiencies. In allows counties to use the full power of the internet addition, CCAO seeks consideration of statutes that to conduct county business. This legislation should would assure proposed county charters would reform provide a broad range of options for counties, a county government’s structure as well as authorize including the development of systems by counties, constitutionally or statutorily granted powers. the ability to contract with the private sector to provide services, and the use of county-credit cards CCAO is studying the need to allow consolidation to purchase items from online sellers, e.g., Amazon. of counties and other local governments in urban counties. In addition, ways should be explored To the maximum extent feasible, the legislation to facilitate the elimination of villages through should promote economies of scale and coordination such efforts as financial incentives or easing the of services by requiring commissioners to publicly abolishment process. bid opportunities for county internet business with internet service providers on behalf of county offices. CCAO seeks specific authority to enable any board of county commissioners to share, combine or reorganize, Recent legislative action has furthered efforts in a larger district, the duties of the county coroner. to reduce and minimize newspaper advertising requirements. CCAO supports additional modernization changes so that all county legal notice requirements could use the same reduced approach authorized for counties’ competitive bid process. 10 | 2021/2022 Legislative Platform GENERAL GOVERNMENT AND OPERATIONS Counties seek the ability to publish one legal notice law defines the term “animal” to include a horse, in the newspaper and to satisfy the second notice mule, sheep, head of cattle, swine, goat, domestic requirement by publishing electronically. rabbit, or domestic fowl or poultry. In addition, the state should be required to assume statewide COUNTY COURTHOUSE RESTORATION AND responsibility for control of wild animals, including FACILITIES FUNDING exotic animals.

CCAO supports a state-sponsored building LAWS REGARDING DANGEROUS DOGS program to help fund and finance the restoration of county courthouses, as well as to develop county With the passage of H.B. 14 in the 129th General administrative offices. In addition, CCAO is exploring Assembly, Ohio’s Dangerous and Vicious Dog Laws expanded financing options to support restoration were revised. No longer were pit bulls automatically efforts. classified as a dangerous dog breed. The legislation set up criteria for nuisance, dangerous and vicious COUNTY ELECTED OFFICIALS COMPENSATION dogs. These new classifications have caused some judges to essentially allow “one free bark, one free CCAO urges that legislation be enacted to ensure that bite and one free kill,” for any dog that is not already all three commissioners in a county receive the same registered as a type of dangerous dog. Further compensation every year in the future. Because of legislative clarity is needed. their split election cycle (i.e., two commissioners elected in the year of the presidential race and one CCAO SUPPORTS A LEGISLATIVE commissioner elected in the year of the governor’s race) and timing of legislatively-enacted pay bills, SOLUTION TO MAKE IT EASIER TO there have been occasions when one commissioner has been closed out of a salary increase for two PROSECUTE AN OWNER OF ANY years. As a result this commissioner has earned less than their two colleagues for doing the same DOG THAT MAULS OR CAUSES job, since the Ohio Constitution prohibits in-term SIGNIFICANT HARM OR DEATH TO A compensation changes. Commissioners in a county should make equal pay. CITIZEN.

LEASE OF COUNTY REAL ESTATE DOG REGISTRATION

CCAO supports legislation to permit county CCAO supports continued flexibility in the dog license commissioners to lease real property, as well renewal process. The association also supports as county-owned towers, to telecommunication “point of sale” registrations when a dog is purchased companies for a period of up to 30 years. from a pet store or breeder to enhance compliance with Ohio’s dog license requirements. COYOTE AND BLACK VULTURE INVESTIGATIONS APPOINTMENT OF HUMANE AGENTS H.B. 64 of the 131st General Assembly removed the requirement that counties compensate livestock Humane societies currently appoint humane agents, owners for injuries caused by dogs. with the approval of the county probate judge, who can act in an official law enforcement capacity to The state has also stopped the practice of enforce laws to prevent the cruelty to animals. Within reimbursing livestock owners whose animals were a municipal corporation the mayor is required to killed by coyotes and black vultures. Yet county approve such an appointment. CCAO believes, as dog wardens are still required to investigate with a municipal corporation, the commissioners, as claims that a coyote or black vulture has injured the executive authority for the county should approve or killed an “animal” without reimbursement from the appointment of humane agents rather than a the Department of Agriculture. In this case, the member of the judicial branch. 2021/2022 Legislative Platform | 11 GENERAL GOVERNMENT AND OPERATIONS HUMANE SOCIETY ABILITY TO APPOINT PUBLIC RECORD STATUS OF 9-1-1 TAPES ATTORNEYS TO PROSECUTE AND HAVE COMMISSIONERS PAY EXPENSE Tapes of 9-1-1 calls should not be subject to release as a public record in the case of death, accident, Ohio law still permits humane societies to appoint illness or similar event until relatives of the affected an attorney and may employ one or more assistant party have been notified. Tapes of 9-1-1 calls also attorneys to prosecute misdemeanor violations listed should not be subject to release until the prosecutor in ORC Section 2931.18, including prevention of determines whether they will be used for criminal cruelty to animals. Such attorneys are to be paid out prosecution and, after petitioning a court, the court of the county treasury or the dog and kennel fund in prohibits their release. After conclusion of the legal an amount approved as just and reasonable by the proceedings, the tapes will then become subject to board of county commissioners. CCAO is requesting release. this mandate be eliminated or to at least change the law to require the consent of the board of county COMMISSIONERS SUNSHINE LAW commissioners. CCAO supports clarifications to the Sunshine Law DATA BOARD/INFORMATION SERVICES that require full compliance when the commissioners perform legislative type functions, but exempts Legislation enacted decades ago allowing for executive and administrative functions. the establishment of the county automatic data processing board is outdated and reflective of past In addition, CCAO supports allowing public bodies technology. to hold and attend meetings and hearings virtually through teleconference, video conference or LEGISLATION SHOULD BE ENACTED similar technology. Public officials at these virtual meetings should be able to electronically attend, GIVING COUNTY COMMISSIONERS vote and be counted for quorum purposes. Existing notice requirements should be maintained and ADDITIONAL ORGANIZATIONAL public access to virtual public meetings should be ensured. H.B. 197 and H.B. 404 of the 133rd OPTIONS FOR DATA PROCESSING, General Assembly provided this option for public INFORMATION SERVICES AND bodies during the COVID-19 declared emergency, and the practice has boosted public engagement RECORDS MANAGEMENT. and county government efficiency. Previously, this authority had been authorized by law for certain joint The first option is to allow the board of county county ditch maintenance meetings. Priority uses for commissioners or the data board itself to appoint the such meetings include emergency-related situations, chief administrator of the data center by amending regional collaboration related meetings or other joint ORC Section 307.844, which currently designates jurisdictional meetings. the county auditor as the appointing authority.

The second option is to allow the county CCAO SUPPORTS ALLOWING PUBLIC commissioners to establish a county information BODIES TO HOLD AND ATTEND services board to replace the data board, microfilm board and records commission, and to allow the MEETINGS AND HEARINGS VIRTUALLY commissioners or the county information services board to appoint the chief administrator. The county THROUGH TELECONFERENCE, information services board would assume all information and records related functions of these VIDEO CONFERENCE OR SIMILAR separate boards. TECHNOLOGY.

12 | 2021/2022 Legislative Platform GENERAL GOVERNMENT AND OPERATIONS PUBLIC RECORDS IDENTITY THEFT PROVISION cost-efficient manner for Ohio’s taxpayers, including more options in establishing alternative leave CCAO commends the General Assembly’s schedules. commitment to preventing identity theft that can occur from public records requests. CCAO has In addition, Ohio’s collective bargaining law needs worked with numerous local government officials, to be brought into line with the National Labor law enforcement and legislative members in drafting Relations Act (NLRA). The playing field should be legislation to accomplish this goal. Because county leveled between employers and employees in this governments handle such vast amounts of the area. Furthermore, counties seek the ability to public’s sensitive, personal information, CCAO go to common pleas court as opposed to binding supports legislation allowing, but not requiring, arbitration (to resolve disputes around collective county governments to use cost recovery for bargaining). redaction and masking technologies. EMPLOYEE COMPENSATION RECORD RETENTION MANAGEMENT At a time when many county appointing authorities CCAO supports continued changes to retention are freezing salaries or reducing them through requirements enabling cost-saving methods for furloughs, there remains the ability, and the storing and maintaining public records. occurrence from time-to-time, whereby certain county appointing authorities go against the norm RESTORATION OF THE PUBLIC DUTY RULE / in the courthouse to control spending and provide REDUCING LIABILITY EXPOSURE salary adjustments to their staff. These increases can come by way of a judicial court order to a board Based upon the Ohio Supreme Court’s decision in of county commissioners for more money in the Estate of Graves v. City of Circleville (2010 Ohio personnel line item or by other appointing authorities 168), a county employee is potentially liable for their who can seek court action. Therefore, CCAO seeks conduct which is found to be wanton and reckless the ability for a board of county commissioners to even where that employee did not owe a duty to an moderate the ability of the common pleas court individual member of the public. While sovereign and its divisions along with the board of elections, immunity protects county employees in instances the county prosecutor and the veterans service of mere negligence, if a county employee can be commission from granting pay raises that exceed the shown to have acted wantonly or recklessly in the annual percentage amounts approved by the county performance of a duty they are required to perform, commissioners for the other county elected officials’ under statute they may be held liable for their actions. staff salaries. The determination of whether a county employee’s actions amount to wanton or reckless conduct is a In addition, CCAO seeks the following benefit question of fact that usually requires a jury trial. changes: • Provide counties with authority similar to the We seek a restoration of the public duty rule to state, so that an employee can choose to protect county workers in performing the tasks of receive their payout of accrued but unused their already very difficult job. A deputy sheriff acting leave time in two calendar years, as opposed to to protect citizens or a children service agency worker one. acting to protect a child’s interests should not be hampered by the fear of being held liable for their • Limit the amount of vacation time employees actions stemming from a mistake the deputy or can accumulate and carry on the books at any time to an amount not to exceed what worker did not intentionally make. can be earned in two years at the current rate of accumulation based on years of service. COUNTY EMPLOYEE RELATIONS • Specify that the sick leave schedule provided Counties are requesting various changes in Ohio’s in the Ohio Revised Code provides the maximum laws to help employers manage county offices in a amount of sick leave that can be granted to an 2021/2022 Legislative Platform | 13 GENERAL GOVERNMENT AND OPERATIONS employee in the absence of a collective DRUG TESTING bargaining agreement. Case law has interpreted the statutory provisions to be a minimum floor. CCAO supports authority enabling counties to conduct drug testing programs to improve employee • Clarify that an appointing authority can performance and safety in the workplace such provide a cash incentive to employees to induce as random testing on a lottery basis, testing after retirement. accidents and post offer / pre- employment drug testing of prospective county employees. Testing WORKERS’ COMPENSATION in such realms is limited based on Constitutional

provisions, but some testing can be conducted CCAO supports and will work with a coalition of based on certain job duties and conditions. public and private employers to streamline and reform the Ohio workers’ compensation system to reduce opportunities for abuse, control costs, encourage workplace safety efforts and ensure that workers who need help get it quickly and efficiently. Counties will continue to explore alternatives to provide workers’ compensation savings when possible.

In addition, counties seek to collaborate with the Ohio Bureau of Workers’ Compensation and other public employer associations to enhance the current group rating, group retro and self-insurance programs, and to explore the feasibility of other options such as employer association sponsored group self-insurance programs.

UNEMPLOYMENT COMPENSATION ELIGIBILITY

CCAO seeks changes to the Unemployment Compensation (UC) rating system that grants reimbursing employers similar appeal rights to contributory employers – particularly for non- separating reimbursing employers who are still employers of record in a claimants’ benefit period. CCAO also supports revisiting eligibility criteria to receive UC benefits in Ohio. In addition, CCAO recognizes that some relief has been granted to employers of seasonal workers, and CCAO supports legislation to exempt seasonal and temporary workers from unemployment compensation.

CONFIDENTIALITY OF PERSONNEL FILES

CCAO supports legislation to restrict access to public employee personnel information, except disciplinary action and performance evaluations.

14 | 2021/2022 Legislative Platform HUMAN SERVICES Chair: Kathryn Whittington, Ashtabula County Commissioner Vice Chair: Carolyn Rice, Montgomery County Commissioner Staff: Rachel Massoud, Policy Analyst State and local governments work together to provide COMMITTEE PRIORITIES programs that help citizens achieve and maintain employment, protect children and older adults GROWING CONCERNS FOR CHILD PROTECTION and, when necessary, connect families to food, transportation, child care, clothing and shelter. One of the most difficult tasks facing counties is the administration of programs and services for abused While most of these programs are designed to provide and neglected children. Recently, Ohio has seen an services to those in crisis, counties focus on a work- increase in opiate use that has reached epidemic first approach that addresses the root cause of the proportions, spanning communities of every size and crisis and prevents the need for services in the future. demographic. The fallout from this epidemic has County departments of job and family services, caused significant challenges for the child protective public children services agencies and child support system. The 2019 state budget added $65 million agencies have begun to redesign service delivery per state fiscal year to the state child protection and collaborate and share services in unique and allocation that flows to counties. Following the onset innovative ways to meet the complex needs of clients. of the COVID-19 pandemic, the state was forced to make budget cuts and this amount was reduced to Ohio’s 88 counties exhibit vast differences in their an additional $50 million in FY 2021, bringing the economies, demographics and populations. Because total investment to $110 million for the fiscal year. of this diversity, CCAO urges the Governor and These investments must be sustained and increased General Assembly to maintain county funding levels in order for the system to meet expected challenges. and flexibility between funding streams to the extent possible under federal law, so that each county Parental addiction has caused an increase in the can prioritize services based on the local need and number of children in custody and the reunification demand for services. process takes much longer. Placement costs for these families are steadily eating away at children CCAO supports the following initiatives: services resources and county budgets are becoming • Increasing state investments in child protection, overwhelmed by this new need. Even counties who adult protective services and family and children have successfully passed levies to cover these first councils. important services are struggling to provide the • Sustaining state support for Ohio Benefits, Ohio’s resources required. integrated benefit eligibility system, and enterprise document management. PLACEMENT COSTS FOR THESE • Providing adequate resources for counties to implement the Medicaid work requirement. FAMILIES ARE STEADILY EATING • Modernizing child support processes and forms. AWAY AT CHILDREN SERVICES • Allowing commissioners to appoint members of RESOURCES AND COUNTY BUDGETS the Veteran Service Commissions (VSC) along with the ability to review and revise VSC budgets. ARE BECOMING OVERWHELMED BY • Retaining commissioners as the authority for property tax levies that fund health districts and THIS NEW NEED. granting them discretion on the type, millage and duration of the levy. When reunification is possible, many of these children need additional services to deal with the residual effects that come from living with addicted 2021/2022 Legislative Platform | 15 HUMAN SERVICES parents, including depression, anxiety, PTSD, and CCAO strongly encourages an increased state behavioral and learning difficulties. investment in child protection to enlist and retain quality case workers and recruit foster parents Furthermore, opiate cases tend to be extremely for the increasing number of children who need traumatic for everyone involved, including child placements, as well as support best practices protective caseworkers. The system is now facing a and in-home services. The increased investment workforce shortage due to higher than normal turnover, should include greater resources for the Kinship placing even more pressure on this delicate system. Permanency Incentive Program, which is currently funded at just $1 million per year, in order to support Multi-system youth account for a high percentage relative caregivers who can provide an alternative to of placement costs across Ohio. Multi-system youth the formal childcare system. are those in need of services from two or more of the following systems: child protective services, Agencies continue to rely on kinship caregivers as mental health and addiction services, developmental a permanency option for children. It is estimated disabilities services, and juvenile court. The 2019 that, of the children in PCSA custody, over 3,900 are state budget allocated $25 million GRF per year to currently placed with kin. Historically, Ohio counties assist counties in providing services to multi-system have not been required by the state to compensate youth. CCAO supports the continuation of these funds kinship caregivers. In 2017, the U.S. 6th Circuit Court of that aid counties with increasing placement costs. Appeals ruled in D.O. v Glisson that kinship caregivers who care for children in custody of an agency must In the 2019 state budget, the General Assembly be compensated. In the 133rd General Assembly, also declared its intent to cease the practice of the state created the Kinship Support Program (S.B. custody relinquishment for the sole purpose of 310). This program will result in increased costs to the gaining access to services for multi-system youth. child protection system at the state and county level. $18 million was appropriated over the biennium to CCAO strongly encourages the state to assume full the Department of Medicaid “Multi-System Youth responsibility for this new cost to the child protection Custody Relinquishment” fund for this purpose. The system. state has since allocated these dollars to counties through local family children first councils. CCAO Several policy changes will be implemented in the supports the continuation of funds to prevent custody coming years that will result in even more increased relinquishment. costs in the system. In 2018, Congress passed the Family First Prevention Services Act (Family First), an act that will be implemented nationwide by October CCAO SUPPORTS THE CONTINUATION 1, 2021. Through dramatic federal funding changes, OF FUNDS TO PREVENT CUSTODY Family First shifts the focus of the child welfare system to prevention – keeping children out of foster care and RELINQUISHMENT. with their families – by encouraging states to support families through evidence-based programs in mental Public children services agencies can safely reduce health services, substance abuse treatment and the number of children entering foster care by improved parenting skills. While the federal government implementing alternative response. This allows will provide a 50% match for funding these programs, agencies to partner with families to use wrap around the other 50% of the cost will fall to the states. This is a services before a placement is needed, supporting transformational change that will also require a shift in relatives and other kin to prevent children from practice and training at the county level. being placed with unrelated foster or congregate care and aggressively seeking permanent adoptive Passing on the costs of these transformations in the homes when children cannot be reunified with their system would once again leave counties struggling birth family. Unfortunately, many counties have had to support the system financially. Ohio must help its to reduce or eliminate these best practices due to county partners pay for the federal match for these exorbitantly high placement costs – meaning higher prevention services in addition to maintaining its expenditures and poorer outcomes in the long run. current investment in children services. 16 | 2021/2022 Legislative Platform HUMAN SERVICES sufficient, strategies around mitigating the benefits THE STATE SHOULD SUPPORT cliff should be pursued. These strategies could COUNTIES IN IMPLEMENTING AND include financial literacy programs, supportive services for individuals in training, incentives for FUNDING THE FEDERAL FAMILY retaining employment and offering counties the FIRST PREVENTION SERVICES ACT ability to implement other such programs. AND THE STATE KINSHIP SUPPORT ADULT PROTECTIVE SERVICES Counties are charged with providing a uniform PROGRAM. adult protective services program for older adults who require protection from abuse, neglect or HUMAN SERVICES TECHNOLOGY, MODERNIZATION AND EFFICIENCY INITIATIVES exploitation. Counties are the logical delivery agent for adult protective services due to the close CCAO appreciates the investments the state has proximity necessary to investigate allegations of made in modernizing technology, such as through abuse and neglect and the legal relationships with Ohio Benefits which provides combined eligibility prosecutors, sheriffs and courts to enforce protective determination for Medicaid, TANF and SNAP and the services. Elder abuse requiring adult protective development of enterprise document management services interventions can range from physical that allows sharing of essential information across abuse, emotional or verbal abuse, self-neglect or programs. CCAO has seen the impact these financial exploitation. investments have on service delivery that is more efficient, can be nimble in a crisis and streamlines The Adult Protective Services System (APS) has the process for clients. CCAO supports continued received increased policy attention in recent state investment to refine these technologies, years, but funding has not always kept pace with including financial support for ongoing training, expectations placed on counties or the aging of system maintenance and upgrades. Ohio’s population. Program reforms in the FY 18-19 budget expanded the scope of Ohio laws against County shared services is an important service the abuse and exploitation of elders, and added delivery mechanism. CCAO supports an open many different types of professionals to the list dialogue between the state and counties in the of “mandatory reporters,” including individuals governance and structure of shared services. working in the financial sector. Over time, these changes will greatly expand the number of reports MEDICAID WORK REQUIREMENT IMPLEMENTATION of abuse, neglect, or exploitation that counties must investigate. As the state moves forward with implementation of the federally approved Medicaid work requirement In FY 20-21, the legislature appropriated $4.23 waiver, CCAO requests that the state provide million per year to fund APS, an increase of $1.49 additional funding to help county JFS agencies million per year, allotting $48,000 to each county. with the administrative costs of implementing the While this larger investment is a step in the right program. High unemployment numbers resulting direction, this allocation is still inadequate to provide from COVID-19 will make the implementation of even one fulltime case worker in many counties. In this work requirement challenging for counties. order to ensure victims of elder abuse receive core Additionally, CCAO requests state funding to support adult protective services, the state must financially workforce development services and participant support the administration and delivery of such transportation needs in the counties. services.

WORKFORCE PROGRAMS CHILD SUPPORT

As we look toward connecting people to the As county child support agencies increase paternity workforce and jobs that enable them to be self- establishments and overall collections, children 2021/2022 Legislative Platform | 17 HUMAN SERVICES attain a higher standard of living. The child support Additional checks and balances are needed to program has utilized current funding, technology and ensure that needy veterans are receiving essential tools to a great extent over the past 15+ years and is financial assistance and other services in a cost now transitioning to incorporate newer models aimed efficient and responsible manner that fully utilizes at assisting lower income families. other health, human service and employment programs. The Department of Veteran Services Several strategies are being piloted across the should provide funding for any mandated training. state. They include early intervention programs; Finally, boards of county commissioners should collaboration with both workforce agencies and become the appointing authority for members of social service agencies to assist with barriers Veteran Service Commissions. If this authority is not that obligor parents may have to obtaining granted, commissioners should be given the ability and maintaining employment; parenting time to appoint two of the five members. engagement; strategies to improve parenting and co-parenting skills; and person-centered case FAMILY & CHILDREN FIRST COUNCILS management. In order to incorporate more of these strategies across the state for more families, the Counties have worked diligently to piece together program needs additional support from the State a seamless delivery system for families seeking and an upgrade in technology. assistance for their children out of a patchwork of state and federal programs that tend to leave CCAO supports an increase in the state match gaps, create overlaps in services and often contain allocation to county child support enforcement conflicting regulations. Local Family and Children agencies. The match has been flat-funded since First Councils work to reduce duplication of 2012. CCAO also supports a statutory change to services and to help families navigate health, social allow child support to follow a child who has been and human services. In order to perform these placed in the custody of a third-party caretaker. coordinating functions, each county, regardless of size, was traditionally allocated $20,000 to CHANGES TO THE COUNTY VETERANS SERVICE administer Family and Children First Councils. This COMMISSION LAW amount was reduced in FY 10 and is currently funded at $15,750 per county in the FY 20-21 CCAO supports initiatives to review the law and biennium. CCAO recommends appropriately funding operation of Veteran Service Commissions to be sure the administration of local Family and Children First enhanced and coordinated services are available Councils by increasing the allocation to $30,000 per to our brave men and women of the armed services county. returning home. The mandate contained in ORC Section 5901.11 to fund the Veterans Service LOCAL HEALTH DEPARTMENTS Commission with .5 mills on the assessed value of the property of the county should be studied CCAO supports giving boards of county by the Department of Veteran Services to identify commissioners and county councils discretion alternative funding options to replace current county regarding the submission, type (renewal, increase, funding. CCAO supports the enhanced ability for the reduction or replacement), millage and duration of boards of county commissioners to review and revise property tax levies submitted to the voters for the the budget of the Veterans Service Commission, purpose of funding a health district. If legislative especially as it pertains to the administrative and action allows for a joint health district to be formed operational expenses of the Commission. that covers multiple counties, commissioners should also have discretion over multi-county levies. Should As it relates to operational expenses, there is a this discretion not be granted to boards of county special need to be sure that the Veterans Service commissioners, it is important commissioners Commission does not have the authority to provide should retain the levy authority, in order to maintain for staff compensation increases that exceed the some accountability and to facilitate a public forum average increase provided to other appointing in which health officials may discuss and justify the authorities through the appropriation process. need for the levy. 18 | 2021/2022 Legislative Platform JOBS, ECONOMIC DEVELOPMENT AND INFRASTRUCTURE Chair: Cory Noonan, Allen County Commissioner Vice Chair: Judy Dodge, Montgomery County Commissioner Staff: Jon Honeck, Senior Policy Analyst and Adam Schwiebert, Policy Analyst

Counties work collaboratively with the state to value that JobsOhio brings to their region. facilitate economic development by creating an Payments from JobsOhio to the state GRF environment that encourages job creation. An should be invested in local infrastructure and employer’s decision to locate a business is often training. driven by the quality of life and services that a community offers its residents, and counties play a The three priorities are illustrated in more detail on pivotal role in creating this environment. the following pages and are followed by additional policy recommendations that would support County government is responsible for constructing Ohio’s counties in their economic development and maintaining infrastructure, providing a well- responsibilities. trained workforce and developing the community assets that businesses value. Maintaining these systems is a huge undertaking, costing billions of dollars each year, and funding has not kept pace with needs.

Ohio should prioritize the following items when considering its economic development strategy for the next General Assembly: • Infrastructure - Counties are responsible for 26,081 bridges and 29,000 county road miles. Providing proper funding levels and revenue mechanisms to be used for roads and bridges must be a priority for the state and environmental regulations must be clear and consistent. The replacement of Ohio’s aging water and sewer infrastructure is also a priority. The state must find ways to address the ability of counties, local governments and residents to afford the undertaking of necessary water and sewer projects. COUNTIES ARE RESPONSIBLE FOR • Workforce - Counties are responsible for 26,081 BRIDGES AND 29,000 implementing workforce programs that help residents attain meaningful employment and COUNTY ROAD MILES. gain skills that businesses value. These local programs must maintain funding and the flexibility to reflect and address local employers’ COMMITTEE PRIORITIES needs if they are to achieve success. The state INFRASTRUCTURE should partner with counties and employers to find innovative ways to address the devastating The current state of our aging infrastructure as it impact of the opiate epidemic on the workforce relates to county roads, bridges and public utilities and the economy. significantly impedes economic development. • Jobs Ohio - A strong partnership between each Projected costs to repair, replace or install necessary county and the state’s economic development infrastructure far exceed the current capability of our arm is imperative. Every county must feel the counties. 2021/2022 Legislative Platform | 19 JEDI Additional positions relative to infrastructure funding THE QUALITY OF OHIO’S that can be found under the Taxation and Finance section of this document. INFRASTRUCTURE HAS A TREMENDOUS IMPACT ON COUNTIES ASK THE STATE TO ENCOURAGING ECONOMIC ALLOCATE ADDITIONAL PUBLIC DEVELOPMENT THROUGHOUT THE WORKS BONDING, MAKE STATE. ADJUSTMENTS TO HIGHWAY USER Where environmental regulations are concerned, local governments have a critical need for clarity, FEES AND PROVIDE ADDITIONAL predictability, and consistency; for policies that reflect scientific consensus; for common sense GRANTS FOR INFRASTRUCTURE. enforcement; and for careful cost-benefit analysis as part of the policy making process. At the same Environmental Regulation of Infrastructure time, CCAO understands that fair and reasonable environmental regulations must be balanced with Agencies and communities are being hampered responsible stewardship of our natural resources. by a prescriptive approach to setting permit limits for nutrients, storm water and for TMDL-derived Funding for Infrastructure parameters. U.S. EPA admits that many remaining water quality issues are caused primarily by non- The quality of Ohio’s infrastructure has a tremendous point sources, such as residential, agricultural and impact on economic development. Providing proper local development practices. CCAO is encouraged funding levels and revenue mechanisms to be by the state’s emphasis on controlling non-point used for infrastructure must be revisited by the sources through the work of the H2Ohio Fund and state. Factors to be considered include: allocating other programs that work directly with non-point additional public works bonding capacity; adjusting sources of nutrient loss. highway user fees; and providing additional grants, loans and subsidies for the capital costs Agencies and communities are also being hampered of local utility infrastructure. Ohio’s 2020-2021 by a prescriptive approach to evaluation of local transportation budget included the first increase in financial capability used by enforcement officials the state’s motor fuel tax since 2005. Because of of the federal government. The federal regulatory the pandemic, however, driving habits have changed framework is being applied in a way that fails to dramatically, causing revenues to decrease. If this adequately consider local economic conditions and trend continues, counties may need additional the need for effective prioritization and scheduling support from the state to continue investing in of significant water quality investment. This federal transportation infrastructure. approach has already produced, and, if unchecked, will continue to produce unprecedented wastewater CCAO encourages the legislature to consider adding rate increases across Ohio. It will also yield an indexing provision to the state’s motor fuel tax to significant community disruption from construction help maintain the purchasing power of the gas and programs and, in many cases, limited incremental diesel tax. As of August 2020, 22 states and Washing- improvement in overall water quality. Given current ton, D.C., have a variable-rate gas tax that adjusts with economic conditions, these programs could have inflation or prices without regular legislative action. a devastating effect on the state’s economic development goals. CCAO also supports providing counties with additional authority to classify roads according to Local Financial Capability to Provide Infrastructure use and designate haul routes for heavy truck traffic so that road and bridge impact can be mitigated. Financial capability assessments for Ohio’s local 20 | 2021/2022 Legislative Platform JEDI governments should be based on the basic principles requirements for on-lot systems could destroy reflected in EPA guidance, but should further the financial feasibility of sanitary sewer projects evaluate appropriate unique local conditions that under construction today or planned for the future. apply to the community by quantifying all relevant Important projects which promote the public’s health economic factors impacting financial capability, and the protection of our rivers and streams could be including: housing burden, state and local tax jeopardized and may not be constructed. CCAO asks burden, impacts on business competitiveness, that the state maintain this public health policy, while projected population and employment trends, giving counties the discretion to authorize temporary, poverty and low income populations, community non-renewable exceptions for septic systems that are construction impacts, availability of local contractors, new and in good working condition. construction inflation and historical water quality investments. Even the courts have ruled on this subject. In 1984 the Ohio Supreme Court ruled in the case of DeMoise Local financial impacts are best evaluated by local v. Dowell, that “individual household sewage disposal officials, not the federal government. The framework systems are inherently more dangerous to the public for evaluation of local financial capability should be health than sanitary sewerage systems and must be a joint state-federal framework that assigns primary replaced when possible.” responsibility for defining water quality investment implementation schedules to Ohio wastewater WORKFORCE DEVELOPMENT agencies and their local and state officials, who can base schedules on their assessments on the financial capabilities of, and implementation impacts ENSURING OHIO HAS A QUALIFIED, on, the communities they serve. JOB-READY WORKFORCE IS Ultimately, project costs far exceed the financial A CRITICAL COMPONENT OF capability of counties and local governments to incur these obligations. The state must find ways to ECONOMIC DEVELOPMENT SUCCESS address the ability of counties, local governments and residents to afford financially the undertaking of IN ANY PART OF THE STATE. necessary water and sewer projects. Counties ask the state to consider allocating public works bonding County government in Ohio has played a critical capacity to these projects, reestablish the Ohio water role in local economic development initiatives and sewer rotary commission, and provide significantly and implementing workforce programs aimed at greater funding support for governments and citizens retaining, attracting, and growing businesses, as confronted with EPA findings and orders to install well as helping residents obtain, maintain or improve water and sewer systems. One of the ways Ohio could their employment. Tools that counties utilize in this facilitate this funding is to allow counties permissive task include the federal workforce program known authority to institute a service fee on water bills to be as the Workforce Innovation and Opportunity Act used for EPA findings, orders and compliance. (WIOA) and strong partnerships with the state’s OhioMeansJobs centers. A cornerstone of providing water and sewer service to unincorporated parts of the state is the longstanding Counties assist work-required populations to find public health policy to require homeowners to employment and training, and they fund workforce connect to public sewers when they become supports and stabilizing services through the available. Prevention, Retention and Contingency program. Some counties also use dollars from the federal Structures with an existing septic system are required Temporary Assistance for Needy Families (TANF) to connect if it is within 200 feet of the public sewer. block grant, delivered through the county JFS, to Historically, septic systems have been looked at as invest in the local workforce infrastructure. These temporary systems. This has been the policy of the TANF investments should continue as long as state of Ohio since 1977. Eliminating connection funding is available. 2021/2022 Legislative Platform | 21 JEDI Counties support the goals of the Comprehensive appointed by the county commissioners, with clear Case Management and Employment Program and transparent performance measures. Educational (CCMEP) program but the program needs more leaders should be included in the committee. This flexibility and collaboration with local boards community-centric design should be noted because and county JFS agencies in order to reach its full local officials are in the best position to understand potential. the pressing workforce development needs of both businesses and individuals in their communities. Increasingly, the opiate epidemic is affecting large segments of the workforce, preventing individuals Commissioners encourage the state to invest from keeping employment and making it difficult discretionary workforce dollars into the existing local for employers to fill open positions. The state workforce infrastructure, provided they have proven should partner with counties and employers to find results. Any discretionary funding set aside from innovative ways to return addicted individuals to the Ohio’s WIOA allocation or Rapid Response dollars workforce. should remain as flexible as possible to allow the state to best meet business’ needs identified at the Economic disruptions like the COVID-19 pandemic local level as they arise, rather than being put into a present tremendous challenges to local businesses specific program with additional restrictions. and workers. The state should collaborate with counties to allow locally-designed responses funded Furthermore, county TANF allocations should be with flexible responsive funds. maintained so supportive services and workforce retention services can continue.

COMMISSIONERS CAUTION AGAINST State Partnerships

A ONE-SIZE-FITS-ALL APPROACH TO OhioMeansJobs Centers (also known as one-stops) WORKFORCE DEVELOPMENT POLICY are a partnership between the state and local agencies to deliver workforce services to job seekers IN OHIO. and employers. Commissioners believe that many one-stops are working efficiently and competently The success of county-level workforce development with local businesses to respond to their needs and programs is dependent on the degree to which get people back to work. Counties encourage the those programs are employer-led and employer- state to take the lead in identifying, supporting and centric at the local level. The programs must, first sharing best practices driving success on the local and foremost, address the specific needs of that level. business community as defined by the businesses themselves which in turn creates opportunities for Ohio should also take a meaningful look at the job placements within the business community. The Comprehensive Case Management and Employment State Workforce Board should include members Program (CCMEP). CCMEP marries funds from the serving on local boards, school representatives, WIOA and TANF programs in order provide a more and local elected officials in order to strengthen comprehensive experience for individuals in need communication and feedback mechanisms. of employment. While the intent of the program is admirable, counties have experienced many Federal Partnerships challenges related to the dueling federal laws and their associated requirements. Counties would like WIOA is the latest iteration of the federal to engage in conversations with the state to identify government’s approach to workforce programming. ways to simplify CCMEP’s administrative structure It is a locally-driven system under the direction and to allow a true focus on providing case management control of elected local officials and aims to provide services. better alignment between programs and more flexible funding. WIOA utilizes a committee that is In order for counties to be responsive to local made up of local business and community leaders, opportunities and challenges, readily available and 22 | 2021/2022 Legislative Platform JEDI robust business data (including timely unemployment communities. However, in communities where claims and layoff filings) should be available for all smaller scale projects are more realistic, the promise economic and workforce development partners. The of JobsOhio has not always been realized. As the state should focus efforts on providing data that organization evolves in the DeWine Administration, it will allow counties to anticipate and meet emerging should look at ways to broaden its mission to serve needs. these communities better. The Vibrant Communities program, which promotes catalytic development Finally, commissioners see a real need for solutions projects in distressed communities, and the that address the benefits cliff. When benefits are Inclusion Grants Program, which targets minority- phased out too quickly, employment is in jeopardy. owned businesses, are helpful steps. A tool that Ohio should engage its counties on this issue to find tracks progress in the JobsOhio regions should be ways to ease the effects of the cliff. implemented to ensure appropriate growth is being generated and additional industries, such as tourism, Local Authority should be added to the list of target industries.

State-led changes to the workforce system should JobsOhio is fueled by the revenue from liquor sales. not undermine the positive working relationships As the organization realizes greater profit levels and that many one-stops have built with their local liquor revenues grow, it makes annual payments business communities, nor should they undermine to the state that go into the general revenue fund. the relationships and collaborations many counties Ohio should designate a portion of these dollars have created with one another. The Office of to be used at the discretion of commissioners for Workforce Development should form partnerships infrastructure and training. JobsOhio’s new Ohio Site with local government to implement best practices Inventory Program, which provides reimbursements for workforce development at the local level. to local governments and other eligible entities up to $2 million for site preparation, demolition, One-stops and workforce investment areas must construction, infrastructure, and environmental continue to have the flexibility to partner with different cleanup, will be helpful. However, the requirement counties and areas who fall outside arbitrary, that applicants be able to show a demonstrated bureaucratic boundaries and instead work across demand for the future use of the site may still systems to meet both local and regional needs. prevent use by many jurisdictions. JobsOhio should provide more discretion to commissioners as to use Given the vast differences in both the economies of of these funds. and effective strategies within the various counties of Ohio, a locally-driven, state-monitored approach Embracing Economic Gardening to workforce development activities truly is common sense. Commissioners ask that, rather than create Development initiatives should be crafted to state policy in reaction to one or two workforce support the unique needs of local companies areas or even one-stops that may be noncompliant and entrepreneurs that are poised for growth. By or failing to succeed according to performance targeting dollars to provide seed money for these measures, the state should use its capacity to look at businesses and with state and local agencies options like performance improvement plans as well providing oversight and technical assistance, these as sharing best practices and replicable examples of businesses can use dollars for innovation and successful strategies to assist those areas. growth, and truly create positive results for Ohio.

JOBSOHIO AND BUSINESS DEVELOPMENT Redevelopment and Rehabilitation of Vacant Buildings JobsOhio Throughout Ohio there are vacant buildings that have As the state’s economic development and job outlived their usefulness as currently configured. retention organization, JobsOhio has helped While these structures are sound, their conversion to to expedite large scale investments in some fit modern day applications is costly. 2021/2022 Legislative Platform | 23 JEDI Current zoning codes don’t contemplate revitalization composition of districts. CCAO believes that adoption and building code compliance is cost-prohibitive. The of disposal, generation and contract fees should state should develop a program that makes the re- remain local choices approved by local officials. use and restoration of these structures competitive CCAO supports retention of solid waste district with the option of new construction. Components authority to adopt solid waste rules that govern the of this program targeted to redevelop and re-use following: existing sites should include eminent domain and • The maintenance, protection and use of all solid industrial/commercial land banking, consolidation waste collection and disposal facilities. of parcels, as well as preferential land use and zoning provisions and building code provisions. • The receipt of out-of-district waste.

These should take safety into consideration without The application of zoning to solid waste demanding compliance with current code provisions facilities. that contemplate new construction. We recommend a companion program to “shovel ready” sites that • The implementation of a program for the supports the transformation to “occupant-ready” inspection of out-of-state waste. sites. CCAO believes that district programs must reflect Housing local needs, demographics and waste management conditions and that a “one size fits all” approach to An often-overlooked necessity for economic local solid waste planning is not in the long-term best development is quality, affordable housing. Housing interest of the state or its citizens. is considered affordable if it makes up 30% or less of a family’s income. This asset is sorely lacking in every Flexibility in solid waste governance part of the state and it creates a significant drag on the economy. Ohio should explore ways to empower CCAO supports local flexibility for each district to commissioners to provide targeted incentives to determine whether to have a board of directors increase the supply of affordable housing. or to establish a regional solid waste authority for governance purposes. For solid waste districts that choose to retain the board of directors/solid COMMITTEE RECOMMENDATIONS waste policy committee governing structure, the law should be amended to permit multi-county districts SOLID WASTE to reduce policy committee quorum requirements and to reconfigure policy committees to reduce their SOLID WASTE DISTRICTS SHOULD sheer size. BE GIVEN MAXIMUM FLEXIBILITY TO Districts with two or more counties should be able to participate in meetings via electronic video MEET THE REQUIREMENTS OF THE conferencing, and counties should have the ability to STATE SOLID WASTE MANAGEMENT establish a non-statutory membership composition. PLAN THROUGH LOCALLY DIRECTED Streamlining of the planning process AND APPROVED PLANS WITH CCAO supports streamlining the planning process by requiring each district/authority to prepare a MINIMUM STATE OVERSIGHT. plan once every 15 years, provided the district is meeting goals laid out in the plan. Financial metrics Local control of solid waste planning can be updated once every five years, or as needed. CCAO believes that plan components should be less Under broad goals and guidelines established by prescriptive than they are currently, that the format state law and the state solid waste plan, CCAO should be general and serve as a guidance document, supports local self-determination in the number and and the format should not be a one size fits all 24 | 2021/2022 Legislative Platform JEDI template. In general, CCAO supports putting more worthwhile legislation, there is evidence of increased resources into plan implementation and devoting open dumping of scrap tires leading to public health less time to continuous updates and revisions of the hazards and a high cost to taxpayers in remediating plans. tire dumps. Given that it has been over 20 years since the adoption of the original law regulating Other changes to the planning process that CCAO disposal of scrap tires, CCAO believes it is time to supports include the following: revisit the law to close loopholes leading to the improper disposal of scrap tires. CCAO supports • Fee modification process - Reduction in district changes to the law and administrative code to: generation and disposal fees should not require ratification of the solid waste plan, rather such • Redefine “open dumping” and “scrap tire” to changes should only require two hearings and a close loopholes allowing unscrupulous haulers resolution. to dispose of scrap tires in abandoned buildings, as an example. • Plan components - Remove burden of inventory data collection from districts and require • Increase Ohio EPA registration requirements on brokers and haulers to submit data to the state. scrap tire transporters to require them to maintain and prove contract validity with an • Plan ratification process - Maintain the 60% appropriate scrap tire disposal or recycling approval for ratification and remove large city facility. veto. • Require all scrap tire transport drivers to have a • Plan ratification process - Failure by a political valid commercial driver’s license. subdivision to vote removes that political subdivision from the calculation needed for • Increase the amount of financial assurance that approval. registered scrap tire transporters are required to maintain. In order to promote fiscal accountability, CCAO • Require scrap tire storage facilities to secure supports allowing districts to discontinue service tires from theft and limit the number of tires where the costs for providing service exceed the stored in a building or covered area, enclosed economic value without re-ratification of the plan. container, trailer or installation.

If county commissioners are to make full use of • Exclude any political subdivision or any state agency conducting a roadside or public property existing facilities, programs and services, it is litter cleanup operation or a community tire essential that local officials have the power to: collection event from needing to register as a • Have self-determination relative to the scrap tire collection facility, provided they meet composition of each solid waste district certain criteria. • Establish funding mechanisms to carry out • Increase the penalty for any scrap tire generator district solid waste plans. who hires a hauler to remove tires that is not an Ohio EPA registered scrap tire transporter. • Adopt rules to make sure that solid waste facilities are properly utilized. LOCAL DISCRETION ON PREVAILING WAGE • Implement designation and debt financed flow control to make sure that facility debt may Counties should be given the ability to opt into be retired and that solid waste plans may be prevailing wage requirements on public projects, fully implemented. allowing more flexibility and administrative savings for counties facing costly construction projects. PROPER DISPOSAL OF SCRAP TIRES The General Assembly should restore county discretion with respect to projects undertaken by Legislation regulating the sale, disposal and Transportation Improvement Districts (TIDs). This transportation of scrap tires in Ohio was adopted will result in significant cost savings for counties and in 1993 (H.B. 165). Since the adoption of this other local governments involved in TIDs. 2021/2022 Legislative Platform | 25 JEDI ENERGY The movement of drilling equipment coupled with the large amounts of material, in particular water, The availability of reliable energy is a critical to and from both drilling sites and injection well component to economic development and quality of sites will cause much distress to our roadways. life for Ohioans. Efforts should be made to assure CCAO advocated for and was disappointed with the that power supplies are sufficient throughout all refusal of policymakers to require a road use and regions of the state. maintenance agreement (RUMA) be in place with the appropriate local political subdivision as a condition CCAO realizes that access to reliable and cost- to a permit to drill, particularly given the mandatory efficient energy supplies are critical for economic nature of such agreements with regards to the development. Some areas of the state do not have development of alternative energy sources. adequate capacity of natural gas, particularly in the western half of the state. Additionally, even In addition to requiring a RUMA for oil and gas though southeast Ohio has abundant supplies of exploration, CCAO supports a RUMA requirement natural gas, the lack of distribution pipelines and in cases of natural gas and other pipelines other needed infrastructure prevents local use of which trench road rights of way and other these natural resources. CCAO supports additional public infrastructure. It is important that public economic development incentives and assistance roads be protected from damage by pipeline from the State and JobsOhio to address these gaps transportation companies and a mandatory RUMA in natural gas access and capacity. will help to protect the public investment in highway infrastructure. Additionally, CCAO encourages exploration of and support for more alternative sources of energy, LAND USE REGULATION AUTHORITY including bio-energy, solar, geothermal and wind energy, as well as support for enhanced traditional County commissioners have limited authority to sources such as nuclear and clean coal technology. effectively regulate even the simplest land use problems in the county. CCAO proposes that boards The technological advances in harnessing new of county commissioners be given the following energy sources have offered great opportunities additional authority and tools to regulate land use: to Ohio. CCAO supports state policies, such as • Authority to impose impact fees on new renewable portfolio standards, to encourage the development to assure the general taxpayer use of alternative and renewable energy resources. does not pay for the entire cost of expanded However, CCAO believes the decision to incentivize infrastructure needed as a result of new such technologies with local tax abatements should development. remain with local political subdivisions. • Authority to enact zoning for the purpose of In addition, CCAO supports developing and promoting the general welfare and to encourage expanding the applicable uses of domestic energy the preservation of agriculture and agribusiness. sources. For example, the state, in conjunction with • Authority to approve transfer of development local governments, should continue to review and rights (TDR) in both zoned and un-zoned areas analyze the economic feasibility, technology, and in order to promote preservation of open space infrastructure opportunities and challenges regarding and farmland. In the event a property owner the potential conversion of vehicle fleets to natural is compensated in conjunction with a TDR, no gas-fueled vehicles (NGVs). public funds may be granted to the owner for an agricultural or conservation easement. CCAO believes that as Ohio joins the race to embrace new energy technologies, the state should commit to TAX ABATEMENT / COMMISSIONER APPROVAL including local governments in developing applicable state policies, particularly given the potential siting, CCAO supports legislation requiring notification and infrastructure, taxation and community impacts. consent of each board of county commissioners affected by property tax abatement or tax increment 26 | 2021/2022 Legislative Platform JEDI financing that a township or municipal corporation CCAO supports a change in law that requires public grants within a county. CCAO recognizes the value hearings on applications for oil and gas well permits of tax abatement as an economic development tool and brine injection well permits if requested by a and supports retention of county authority to provide board of township trustees or municipal legislative tax abatement under a revised statutory format authority if the proposed location is within that necessitated by the elimination of the tangible township or municipality, or by a board of county personal property tax. commissioners if located in the county. The division would continue to have discretion on hearings BUILDING PERMITS requested by other parties but would be required by state law to conduct a hearing if requested by local Counties should be authorized to issue citations governments. for building permit offenses, compound or increase building permit fees for unresolved violations, and CCAO has additional positions relative to the taxation link separate building code violations and separate of oil and gas that can be found under the Taxation sites for violations involving the same owner or and Finance section of this document. contractor that continues to violate the law. CCAO also seeks authority for a “one-stop-shop” for permitting ZONING OF CELLULAR TOWERS and inspecting construction occurring within the unincorporated areas of the county, including the Existing law limits the authority of county and same authority granted to municipalities to perform township zoning to regulate cellular towers to plumbing inspections without the acquiescence of the residential zones. CCAO supports legislation granting general health department. authority to regulate cellular towers in all zoning districts under reasonable standards that recognize COMMERCIAL BUILDING PERMIT PLANS REVIEW the need for cellular service.

The Ohio Commercial Building Code requires LAND REUTILIZATION PROGRAM / LAND BANKS that building departments review commercial applications for building permits in the order in which CCAO supports amendments to the land reutilization they are received. CCAO believes counties should be program to accomplish the following: provided specific legislative flexibility to review plans in a manner which allows for expedited review of • Allow counties to form multi-county land banking projects that have significant local and/or economic programs. development impacts. • Allow a board of revision to process tax foreclosures as opposed to the courts. ENFORCEMENT OF FLOOD PLAIN REGULATIONS • Permit electing political subdivisions to acquire CCAO supports legislation permitting a county to levy delinquent properties without the requirement fines and issue stop work orders to enforce county of waiting for the property to be offered for sale flood plain regulations. at two sheriff sales. • Allow the county to retain their own legal LOCAL GOVERNMENT REQUEST FOR PUBLIC counsel to prosecute tax delinquencies instead HEARING ON PERMITS FOR BRINE INJECTION WELLS of being required to use the prosecutor. • Require property owners to pay all back taxes Under current law, the Division of Mineral Resources and assessments within one year of at the Department of Natural Resources is not delinquency and not be able to enter into a required to hold a public hearing on applications for payment program to avoid foreclosure. permits for an oil and gas well or a brine injection well, even if the Division receives timely comments • However, a special provision should be included and a request for a hearing. This is different than the to allow payment plans for senior citizens on law on concentrated animal feeding operations and limited incomes and for the delinquent wind farms. properties when taxes have not been paid 2021/2022 Legislative Platform | 27 JEDI because of a death and the final disposition of aviation grant-eligible airports. The sales tax the estate has not occurred. from aviation fuel dedicated to safety and runway

improvements would go a long way toward providing • Allow property acquired through this process to the level of funding recommended in the ODOT study. be sold for less than fair market value. • Currently, execution of tax foreclosure actions RAILROAD GRADE SEPARATION FUND by the county prosecutor on properties which had been delinquent for at least three years CCAO supports legislation that would continue can be taken against the parcel of property. The the nearly completed Railroad Grade Separation three-year window should be shortened, to allow Program initiated in 2001 with a state commitment counties to recover those dollars quicker. of $200 million that funded 28 high priority grade separation projects across Ohio. Grade separation GOVERNANCE OF CONSERVANCY DISTRICTS projects at critical rail highway intersections promote economic development and public safety while The governance structure of conservancy districts relieving highway traffic congestion. should be revised by removing common pleas judges as the statutory appointing authority for the FIBER OPTIC SYSTEMS board of directors of the district. Advisory Opinion 2003-9, issued by the Board of Commissioners on CCAO supports providing counties with specific Grievances and Discipline, poses the possibility statutory authority to own and operate fiber optic that this statutory provision may conflict with the systems for telecommunication purposes. CCAO Ohio Code of Judicial Conduct. The boards of supports programs that encourage greater Internet county commissioners from each county within and broadband accessibility statewide. a conservancy district should appoint either a commissioner or other qualified person to the board AIR QUALITY of directors of the district. The US EPA revised ozone standard of 70 parts FORCE ACCOUNT per billion (ppb) became effective October 2015. Because of the substantial costs of potential CCAO supports indexing force account thresholds programs required to meet such attainment to increases in the construction price index so that standards and the regional nature of their force account limits will keep pace with inflation. application, CCAO strongly recommends that CCAO also supports permitting a sanitary engineer responsibility for implementing air pollution controls with funds appropriated by the commissioners for remain with the state. CCAO encourages the state this purpose to use county personnel and equipment to work with local air pollution control agencies, to undertake water and sewer projects instead of local governing bodies, MPO’s, regional councils of having to contract for all such improvements. government, and businesses to use opportunities to utilize land use law and regulations to meet TRANSPORTATION IMPROVEMENT AUTHORITIES the Clean Air attainment standards. As the state tackles air quality regulations, the association urges CCAO supports the enactment of legislation to reasonable practices that minimize adverse impacts allow local governments, with the consent of each on citizens and the economy of Ohio. of the participating local governments’ legislative authorities, to create transportation improvement authorities.

AIRPORT FUNDING

CCAO supports legislation that would establish a trust fund using a portion of state sales tax revenue from the sale of aviation fuel. Ohio has 97 general

28 | 2021/2022 Legislative Platform JUSTICE AND PUBLIC SAFETY Co-Chair: Barb Lewis, Delaware County Commissioner Co-Chair: Marilyn Brown, Franklin County Commissioner Staff: John Leutz, Assistant Director THE STATE SHOULD ASSUME COMPLETE RESPONSIBILITY FOR FUNDING INDIGENT DEFENSE.

THE FUNDAMENTAL RIGHT TO COUNSEL IS “MADE OBLIGATORY UPON THE STATES BY THE FOURTEENTH AMENDMENT.” - GIDEON V. WAINWRIGHT (1963) According to the United States Supreme Court, indigent defense is a responsibility of the state. The state’s assumption of full financial responsibility for indigent defense is a critical element of a more efficient and effective indigent defense system and a stronger working relationship between the state and its counties.

Counties recognize that Ohio took significant strides

in the FY20/FY21 biennial budget toward fully funding indigent defense. First, the state eliminated

the statutory provision limiting reimbursement to 50%. Second, the state increased General Revenue Fund (GRF) funding to a level where reimbursement CCAO ASKS THAT THE STATE TAKE was projected to be approximately 70% during FY 2020 and 90% during FY 2021. The actual THE FINAL STEP IN THIS BIENNIAL reimbursement rate for FY 2020 was 5% higher than expected and reached 75%. Although $125.0 million BUDGET TO PROVIDE FULL of GRF was appropriated for reimbursement in FY FUNDING FOR INDIGENT DEFENSE 2021, state budget cuts due to the COVID pandemic have reduced the GRF funding for reimbursement REIMBURSEMENT. by 33% down to $86 million. This cut in spending authority resulted in decreasing the projected FY Historical Perspective 2021 reimbursement rate to 70%. Initially in response to Gideon, Ohio opted to require Full Funding for Reimbursement counties to provide indigent defense, with the state reimbursing counties for 50% of the cost of CCAO asks that the state take the final step in this delivering this constitutionally mandated service. biennial budget to provide full funding for indigent The state funded its reimbursement by utilizing defense reimbursement. revenue deposited into the state general fund from a statewide court cost established by the General Now is the time for the state to finally relieve counties Assembly. However, in 1979, when the revenue from of this state-mandated funding obligation and return the court cost became less than the amount required it to where it rightfully belongs – the state. to provide the state’s 50% reimbursement, the state modified its funding commitment by establishing the concept of “proportional reduction.” Under this concept the state simply appropriated an amount 2021/2022 Legislative Platform | 29 JUSTICE AND PUBLIC SAFETY for reimbursement and then proportionally reduced adequately perform their mission within the criminal the reimbursement rate to counties. In 2008, the justice system due to age and structural conditions. state created the Indigent Defense Support Fund State capital funding for county jail construction and (IDSF) to develop non-general revenue fund (non- renovation is a major priority for counties. A 2019 GRF) resources to reduce the reliance on state survey conducted by the Buckeye State Sheriffs general fund revenues to pay for reimbursement. Association and CCAO projected a statewide cost Certain fees, fines and surcharges were established of over $1.3 billion for county jail construction and and earmarked for the IDSF so that these non-GRF renovation costs. sources could be used for reimbursement.

Historical data shows that the state reimbursement rate to counties averaged 40% between 2010 and 2019 and the record low reimbursement rate of 26.1% occurred in FY 2009. During this same ten- year period, while the counties spent $795 million on indigent defense that was not reimbursed by the state, the state reimbursed $490 million of which only 30% was state general fund revenue and the remaining 70% was non-GRF money from the IDSF.

Two other key factors burden the counties’ financial obligations to fund indigent defense. Currently 83% of the non-GRF revenues that are deposited into the IDSF are allocated to county reimbursement. Six years ago, 88% was allocated to reimbursement. This five percent reallocation diverts approximately $6.5 million each year from county reimbursement to support the State Public Defender’s Office operations. Furthermore, the IDSF receipts continue to underperform their three-year historic trend line A 2019 SURVEY CONDUCTED BY upon which the budget forecast for fund receipts is based. This underperformance impacts total THE BUCKEYE STATE SHERIFFS revenue available for reimbursement and leads to a further reduction in the reimbursement percentage ASSOCIATION AND CCAO IDENTIFIED to counties. The other factor is the Capital Case Attorney Fee Council, comprised of five sitting OVER $1.3 BILLION NEEDED FOR judges of the courts of appeals, has the authority COUNTY JAIL CONSTRUCTION AND to establish the rate counties must pay for lawyers who represent defendants in capital (death penalty) RENOVATION. cases. The Fee Council has established the rate at $125 per hour, which is a significant increase from Last session, the state included $50 million for the $60 to $75 per hour rate most counties were county jail construction and renovation in the paying prior to the creation of the Fee Council a few state capital appropriations bill (S.B. 310). CCAO years ago. appreciates the recognition by the state of the challenges counties face in providing safe and STATE CAPITAL FUNDING FOR COUNTY JAILS secure county jail facilities. CCAO urges the state to SHOULD BE MAINTAINED view this appropriation as the initial investment in a long-term capital funding program to help counties The county jail is an integral part of the state’s manage the expensive task of updating and repairing criminal justice system. CCAO has expressed concern the structural, mechanical, and operating systems of that in many instances county jails are unable to county jails. 30 | 2021/2022 Legislative Platform JUSTICE AND PUBLIC SAFETY According to the best available Department of and local governments’ public safety answering point Rehabilitation (DRC) data, the average daily (PSAP) operations centers. jail population for 2016 was 20,397 which is approximately 14% percent over DRC’s CCAO supports this recommendation and concurs recommended capacity statewide. 38% percent with the ESINet Committee’s further recommendation of the population were being held on at least one that this fee should initially be established at 25 cents drug-related offense, and 20% of the population for the first two years and then for the next five years were women, who require additional measures of the ESINet Committee may annually adjust the fee separation from the general jail population. between 25 and 30 cents, after which it returns to 25 cents. This flexibility provided to the ESINet Committee Demand for additional jail beds is driven by five is necessary to ensure that both the implementation of key factors: overcrowding, facility age, rising felony the NG9-1-1 system and county access and utilization populations, female prisoners and increasing drug of the new system can be adequately financed. crime arrests. The universal device fee must support local PSAP The age of county jail facilities suggests that there is operations a crisis on the horizon. The general life span of a jail is between 25 to 30 years, and 32 of our 90 county Funding allocated to the PSAP operations centers jails were opened prior to 1988. Two county jails date should support the acquisition of the necessary back to the 1880’s and one dates to 1800. When hardware, software, and technology upgrades and looking at recent construction or renovation activity, annual maintenance of the system; underwrite only five county jail facilities have been opened since the costs of mandatory training requirements and 2000. Clearly, county jail facilities are reaching a point regulatory compliance; and establish a reserve for where costly updates and repairs to their structural, funding the major system technology advances that mechanical and operating systems are critical. will occur over time. The state should also consider providing specific incentives which assist counties EMERGENCY 9-1-1 FUNDING AND MANAGEMENT in completing last mile connectivity; maintaining their Ohio Location Based Response System which The Statewide Emergency Services Internet Protocol provides address, street and location data; and Network Steering Committee (ESINet Committee) effectively consolidating PSAPs. is tasked with moving Ohio to a Next Generation 9-1-1 (NG9-1-1) system that supports digital Counties should manage PSAP operations communications and can leverage future advances in technology for emergency responders to effectively The State NG9-1-1 system and the PSAPs it protect and efficiently respond to calls from the supports will eventually replace the existing 9-1-1 public for emergency assistance. The technology systems throughout the State. CCAO recommends associated with this system is extremely expensive that PSAP management become the responsibility and cannot be borne by counties alone. This system of commissioners as a county department. CCAO must be adequately funded to ensure that the recommends that all calls to 9-1-1 be received public’s expectations are met. at a single centralized PSAP location within the county, complimented with appropriate redundancy, A universal device fee must be enacted for dispatch to the public safety/service provider covering the area where the call originates. The ESINet Committee has recommended that a Universal Device Fee be established. A Universal There is also a need to clearly distinguish between Device Fee is a permanent, statewide, uniform the PSAP 9-1-1 call receipt function and the dispatch monthly charge applied to all numbers/addresses function and ensure that a political subdivision that capable of accessing 9-1-1 dedicated to funding provides dispatch services for another subdivision Ohio’s 9-1-1 system. The revenue from the monthly can contract for and fully recover their costs in charge should be utilized to adequately support both providing that service. the state’s provision of ESINet and 9-1-1 services 2021/2022 Legislative Platform | 31 JUSTICE AND PUBLIC SAFETY DRUG EPIDEMIC AND MENTAL HEALTH IMPACTS COMMITTEE RECOMMENDATIONS ON COUNTY JAILS ADOPT A RISK-BASED SYSTEM TO ESTABLISH BAIL A county jail’s primary mission is not to treat or FOR DEFENDANTS house the mentally ill or addicted. Jails are not designed to be treatment facilities, and jail staff CCAO urges the legislature to continue its are neither envisioned nor trained to be treatment deliberations on this subject and enact a risk-based providers. The state must accept responsibility for system to establish bail for defendants. This risk- the management and care for the mentally ill and based system should include a mandate that a addicted population and get them out of jails. validated risk assessment tool be used, allow flexibility

in determining which assessment tool is used, and A COUNTY JAIL’S PRIMARY MISSION provide funding recognizing that the utilization of the system will require additional staff to carry out and IS NOT TO TREAT OR HOUSE THE administer the risk assessment program.

MENTALLY ILL OR ADDICTED. Bail refers to the process of releasing a defendant from jail with conditions that reasonably protect The continued incarceration of mentally ill and public safety and ensure the defendant will show addicted individuals in county jails places an undue up for court. Ohio law defines bail as security for the burden of risk and of cost upon these facilities accused to appear in court (ORC Section 2937.22). and is clearly outside the purpose for county jails. Usually there is a bond schedule established by Jail employees are not trained to manage or treat the court for the various types of offenses, and individuals suffering from mental illness or addiction. if the individual can post the monetary amount The mentally ill or addicted population is at high risk required, they are released from jail. Risk of flight or for injuring themselves or others. the impact of the individual’s release upon public safety, the true purposes for bail, are not taken The health care costs for these individuals are into consideration under this methodology. If the excessive, and their housing in a jail threatens individual can provide the money, they gain release public safety by taking up scarce bed space that was from jail. designed for and should be used for housing real criminals. However, the ability to pay a bail bond is impossible for too many people. As a result, county jails house An emphasis must be placed upon developing, many pre-trial individuals who present no reasonable improving and increasing programing and funding for: risk to the public safety but remain incarcerated • Access to mental health and addiction services simply because they don’t have the money required for jail inmates to ensure their continuity of care. to gain their release. • The statewide behavioral health triage program Considering that over 60% of average daily jail that provides regional centers where law populations are unsentenced individuals who are enforcement can take individuals in custody or unable post bail, CCAO believes a risk-based system incarcerated who need immediate mental to establish bail would help reduce county jail health crisis intervention or acute substance population. use disorder stabilization. • Expanding the number of drugs covered by the COVERAGE FOR MEDICAL COSTS OF highly successful Department of Mental Health UNSENTENCED JAIL INMATES and Addiction Services’ reimbursement program for psychotropic drugs prescribed for county jail CCAO asks that the state encourage Congress inmates. to remove the so-called “inmate exception” that prevents payment of federal medical benefits for people in jail whether or not they have been convicted of a crime. Current federal benefits rules 32 | 2021/2022 Legislative Platform JUSTICE AND PUBLIC SAFETY that must be followed by the states leave counties last increased in 1992, and probate court fees solely responsible for the medical expenses of jailed (ORC Sections 2101.16 and 2101.17) have not individuals. As a result, qualified individuals in jail are been increased since 1976. These fees help offset automatically stripped of their federal benefits before the cost of the operation of the clerk of courts they have been convicted. This appears to be a direct office and probate court. CCAO asks that these contradiction of the basic presumption of innocence, fees be increased significantly to offset the gross which is the foundation of the American criminal depreciation in their value resulting from inflation. justice system. MUNICIPAL CHARGING PATTERNS The state also could assist counties by amending its Medicaid plan to both continue eligibility and provide CCAO must express its frustration regarding current benefits for a Medicaid eligible individual during municipal charging patterns. Presently, municipalities their incarceration in a county jail. While federal law can choose whether to charge a misdemeanant prohibits federal reimbursement for medical services criminal case under a local municipal ordinance provided to incarcerated individuals, it does not or under the Ohio Revised Code. This decision prohibit the state from spending state dollars at the holds great significance as it relates to whether it Medicaid rates for such services which, if paid, would is the city or the county who will pay for the costs help subsidize the county’s cost. of detention, mental health evaluations and public defense expenses and which will benefit when fee ELIMINATION OF MARCS USER FEES or fine monies are collected. While municipalities are understandably authorized under their home The state has committed a significant rule authority to establish a criminal code and investment to upgrade the Multi-Agency Radio exercise police powers, this power should not extend Communication System (MARCS) radio system to to shifting costs to the state via counties by citing provide interoperability among local responders’ an individual under the Ohio Revised Code when communications equipment. One of the challenges the individual case offers no financial incentives to local governments wanting to utilize MARCS, for the municipality to prosecute the case under its however, is the cost-prohibitive monthly user fee the municipal ordinance authority. state currently charges local responders for use of the system. COMMISSIONERS USE OF OUTSIDE LEGAL COUNSEL The state budget has made grant funding available to rural fire departments to help them pay the monthly The board of commissioners may employ an attorney MARCS user fee. The current biennial budget provides other than the prosecuting attorney to represent it GRF funding of $2 million per year to subsidize $10 on either a particular matter or on an annual basis. of the $20 monthly MARCS subscriber fees paid by However, the total compensation paid in any year political subdivisions during the FY 20/21 biennium. for outside counsel cannot exceed the total annual compensation of the county prosecuting attorney. Ultimately, in order to make the system a viable CCAO asks that this artificial spending cap imposed option for counties and other local governments’ by ORC Section 309.09(C) be eliminated. communication needs, the monthly MARCS user fee must be eliminated. For those political subdivisions STATE SUBSIDY FOR HOUSING CERTAIN that have negotiated equipment acquisition or PRISONERS IN COUNTY JAILS sharing arrangements in order to reduce their user fee obligation, these agreements should be subject State laws and policies have contributed to the to renegotiation if the fee is permanently reduced or significant increase in county jail population. State eliminated. funds should be appropriated to reimburse counties for the costs of housing prisoners in county jails that STATUTORY COURT COSTS are doing any of the following: • Serving sentences for a felony conviction. Clerk of court fees (ORC Section 2303.20) were 2021/2022 Legislative Platform | 33 JUSTICE AND PUBLIC SAFETY • Being held by the Adult Parole Authority pending • Consideration should be given to expanding a parole revocation hearing. the use of magistrates and magistrate authority as an alternative to creating a new judgeship • Being incarcerated pursuant to the provisions of due to docket pressures. In addition, the state the Domestic Violence Preferred Arrest Law. should provide a similar level of funding for a • Serving mandatory jail sentences under the magistrate’s salary as is currently provided for a state’s OMVI laws. judgeship. • Prisoners who must be retained in the county DRC COMMUNITY CORRECTIONS PROGRAMS jail because DRC is unable to receive them.

The Department of Rehabilitation and Corrections SHERIFF DEPUTY TRAINING REQUIREMENTS (DRC) and the Department of Mental Health and Addiction Services (MHAS) have begun to work Counties must receive complete reimbursement cooperatively to develop and fund programs to support for all costs associated with any mandatory law a continuum of community corrections programs. enforcement continuing professional training These programs provide drug and alcohol counseling required by the state. These costs include not only and treatment and services for the mentally ill in the the costs for the actual training but also the officer county jails. CCAO strongly supports this collaboration in training’s regular salary and the covering officer’s and encourages a much greater level of reinvestment salary at time and a half. in the communities to support these goals. COURT SYSTEM RESTRUCTURING AND The Department of Rehabilitation and Corrections’ MANAGEMENT “Community Corrections Act” programs should continue to be used as the foundation upon which While CCAO recognizes and respects the court to build this infrastructure. These highly successful system as an independent third branch of programs are developed through evidence-based government, several issues involving the judicial analysis, and best practices models are funded system are impacting counties’ efforts to increase through the Division of Parole and Community efficiency and contain costs. Services. Community Corrections Act (CCA) line items • The current system of county and municipal support felony prison diversion and misdemeanant courts is balkanized, functions inefficiently and jail diversion programs in the local communities. ineffectively, and, consequently, costs local government more than it should to operate. A Funding for these CCA programs should continue to complete review and restructuring of the be increased and new program options developed to misdemeanant court system should take place. support local communities as best practices become identified. Additional funding should be allocated • The state should begin moving toward the specifically to county government through the CCA assumption of full responsibility for the operation Jail diversion (407 line item) to provide funding to and management of the common pleas court assist local government in providing treatment and system in the state, thereby fostering a more services to those addicted to opiates and other illegal collaborative and unified system. substances or experiencing a mental health disorder. • There is an increased incidence of courts demanding funding of budget requests which DYS JUVENILE JUSTICE FUNDING are neither pragmatic nor responsible, and that exceed funding parameters imposed upon other Support for local juvenile justice programing has county officials and challenge resource allocation. been ignored for over a decade. It is well past time for the state to significantly increase funding • A periodic review of the number of judgeships through the Department of Youth Services for required in the various courts based upon juvenile detention services. RECLAIM Ohio and population and caseloads should be undertaken. the Youth Services Grant (510 line item) are the

major components for juvenile justice funding and 34 | 2021/2022 Legislative Platform JUSTICE AND PUBLIC SAFETY absolutely are critical funding programs for Ohio’s STATE FUNDING OF THE LEADS SYSTEM juvenile courts, accounting for approximately 33% of their operating budgets. With the advent of the Statewide Emergency Services Internet Protocol Network (ESINet) Steering Annual RECLAIM Ohio funding has remained at Committee, the administration of the state’s Law approximately $30 million per year since FY 10. Enforcement Automated Data System (LEADS) The Youth Services Grant also continues to be flat should be merged into the ESINet to eliminate the funded, as it has been since FY 03, at $18.6 million need for county contributions for maintaining the per year. Together, these line items have seen system and should provide a funding mechanism almost a 10% reduction in funding from the FY 02 to local jurisdictions to cover the cost of hardware appropriation levels. and software upgrades required by new technology applications. Failure to fund these line items adequately will lead to increased commitments to DYS institutions PROSECUTION OF CRIMES OCCURRING ON STATE because the resources will no longer be available PROPERTY locally to serve these youth in their communities. The state should provide a biennial appropriation line COMMUNITY BASED CORRECTIONS FACILITIES item to pay 100% of the costs incurred by counties for prosecuting offenders who commit crimes at Community Based Corrections Facilities (CBCFs) are state institutions, such as state prisons, or on state- secure residential facilities that house individuals owned property. who have been diverted from the state’s prison system in order to provide them with intensive VOLUNTEER FIRST RESPONDERS TRAINING programming and rehabilitation services that will lead them to choose not to reoffend. CBCFs are The number of hours required for a volunteer to created by the common pleas courts through the become certified and maintain certification as a fire establishment of a judicial advisory board and fighter or emergency medical service responder has are managed by a local facility governing board become onerous. The state should reevaluate the comprised of individuals appointed by the judicial training requirements for these volunteer positions. advisory board and the county commissioners of the member counties. CBCF funding is provided through grants administered by the Department of Rehabilitation and Correction. An expansion of the current funding would allow for the diversion of more individuals from prison into the CBCF programming.

State law limits the time an individual can stay in a CBCF to a period of six months or less. However, new research and empirical analysis suggests that programming objectives and results are more effective and successful if treatment is extended beyond six months. CCAO recommends that the legislature work with the Department of Rehabilitation and Correction to determine if state law should be amended to allow for a longer maximum stay in a CBCF and whether CBCF programing could effectively provide addiction and mental health rehabilitative services that would benefit the remediation of the opiate crisis.

2021/2022 Legislative Platform | 35 METROPOLITAN AND REGIONAL AFFAIRS Chair: Gloria Rodgers, Summit County Council, District 3 Vice Chair: Kevin Boyce, Franklin County Commissioner Staff: Jon Honeck, Senior Policy Analyst

The 11 Ohio counties with a population exceeding administrative practices that eliminate racial 225,000 meet periodically to review issues of critical disparities in all policy areas. importance to metropolitan counties and to deal with issues relating to regionalism. Counties in metropolitan ACCESS TO HEALTHY FOOD areas experience unique challenges requiring specific legislative actions and responses to assist their One of the causes of unequal health outcomes constituents. While many metropolitan county issues for minorities in urban counties is the existence of are covered in other areas of this platform document, “food deserts.” Using 2015 data, US Department of the following are either unique to metropolitan counties Agriculture researchers found that 15.2% of all Ohio or present themselves in a unique way. census tracts were both low-income and low-access with respect to food. In an urban setting, this means Metropolitan counties serve as important regional being more than one mile from a grocery store. State centers for economic development. The depth and policymakers should work closely with local health and breadth of challenges they are grappling with in economic development officials to develop incentives the face of eroding revenues and exploding costs to ensure access to healthy food for all Ohioans. attributable to the opiate epidemic are unique in our history. Now, these densely-populated counties have PUBLIC TRANSIT IN PERIL urgent challenges of fostering an economic recovery in the face of the worldwide coronavirus epidemic. If Public transit in metropolitan areas is how Ohio is to prosper into the future, now is the time for a thousands of people get to work, school, and stronger state-county partnership. medical appointments. Public transit received a historic investment of $70 million per year in the COMMITTEE PRIORITIES transportation budget bill in 2019. However, just two years earlier, transit authorities lost $40 million RACISM AS A PUBLIC HEALTH CRISIS per year in local sales tax revenue as a result of the elimination of Medicaid managed care sales tax. The six largest counties in Ohio have adopted resolutions declaring that racism is a public Transit authorities will need increased state and health crisis. These resolutions identify a long list federal investment to address short-term and long- of disparities in outcomes for black residents in term challenges. In the second quarter of 2020, health, education, housing, employment, nutrition, ridership at major metropolitan transit agencies and criminal justice. The combined effects of these plummeted because of the COVID-19 pandemic. disparities negatively affect the quality of life for In large metro systems, declines in the range of 50 black residents in metropolitan counties and across to 60 percent were common, greatly reducing fare the state. revenue and putting severe financial stress on transit authority finances. Ohio counties are committed to proactively addressing the effects of racism within county government operations and in their wider TRANSIT AUTHORITIES WILL NEED communities. Counties are reexamining their policies for employment, criminal justice administration, INCREASED STATE AND FEDERAL contracting, economic development, health care, INVESTMENT TO ADDRESS and social services to ensure equity in all areas. CCAO will work with the General Assembly, the SHORT-TERM AND LONG-TERM Governor and other state elected officials to ensure that the state of Ohio enacts policies and follows CHALLENGES. 36 | 2021/2022 Legislative Platform METROPOLITAN AND REGIONAL AFFAIRS In the long-run, the Ohio public transit vehicle stock • Provide relief for increased demand on child is aging and much of it will need to be replaced over protective caseworkers. the next five years. ODOT’s statewide transportation • Early education, prevention and intervention study in 2015 noted that an estimated one-third of resources. vehicles in the urban public transit fleet need to be replaced and that another $555.3 million is needed. The FY 2020-2021 state budget made additional This will rise to $903.9 million in 2025. investments in Substance Abuse Stabilization Centers, Recovery Housing, and Child Protective Metropolitan counties cannot help advance Services. While these efforts are helpful, the state economic and workforce development for Ohio needs to partner with us to do more in this area. without a stronger state partnership to provide public transit. We must work together to find a funding CHILD PROTECTIVE SERVICES solution for public transit. Additional public transit recommendations include: Fifty-five percent (approximately 1.6 million) of • Identify a dedicated funding source to increase the state’s total child population reside in Ohio’s our investment in public transit. 11 metropolitan counties. As of July 1, 2018, 65% of Ohio’s children in custody lived in these • Urge the Ohio Congressional delegation metropolitan counties. Given the number of Ohio to modify federal law so that Federal Transit children depending on these counties for safety and Administration Section 5307 funds, whose use permanency services, metro counties are particularly now is limited to capital projects, can be focused on strengthening the state-county partnership employed more flexibly by local transit systems. in children services. To view CCAO’s recommendations • The Ohio Department of Transportation also around Ohio’s children services program, see the should pass through the full amount of the Human Services section of this document. federal obligation ceiling to local entities for critical transit needs. CHILD CARE: BALANCING ACCESS AND QUALITY

OPIATE EPIDEMIC: CREATING ABILITY FOR THE A critical component to escaping the cycle of poverty GOVERNOR TO DECLARE AN OPIATE HEALTH is subsidized child care that makes it possible for EMERGENCY parents to work in entry-level positions upon which a career can be built. Counties administer the publicly- The social isolation and stress created by the funded child care programs that help eligible families COVID-19 pandemic threatens to undermine pay for child care. Metropolitan counties often have progress in combating the opiate epidemic. Building high concentrations of poverty and, consequently, upon the model used to respond to natural disasters, also have a large percentage of the publicly funded it is time to bring new emergency response capability child care caseload. to county government in order to respond to the devastation that is being experienced. Such a METROPOLITAN COUNTIES OFTEN response could include extraordinary powers for the executive branch when certain conditions are HAVE HIGH CONCENTRATIONS OF met, as well as access to special matching funds for specific emergency needs. Some needs identified by POVERTY AND, CONSEQUENTLY, metropolitan counties include: ALSO HAVE A LARGE PERCENTAGE • Expanded detoxification and treatment access. • Resources to expand access to Naloxone. OF THE PUBLICLY FUNDED CHILD • Offset the growing costs associated with CARE CASELOAD. autopsies and toxicology reports. Step Up to Quality is Ohio’s quality rating system • Jail inmate medical cost relief. for child care programs. The Ohio Department of 2021/2022 Legislative Platform | 37 METROPOLITAN AND REGIONAL AFFAIRS Education and the Ohio Department of Job and This initiative involves: Family Services use a one to five-star rating system • Educating the community and families about to assess ODE and ODJFS licensed early childhood the importance of all children attending a high programs that choose to exceed minimum health quality preschool. and safety standards. • Expanding the availability of high quality As of September 1, 2020, 100% of providers preschool through both the development of new authorized to provide Publicly Funded Child Care in preschool resources and through improving the Ohio were participating in Step Up To Quality (SUTQ). quality of existing providers. The state should gather data to assess unmet needs • Assisting families in finding and paying for high and gaps in coverage. Because child care is a vital quality preschool. work support program, CCAO supports an increase in the income eligibility threshold for the program. We need the state to be a partner with us as we invest in Ohio’s children and in Ohio’s future. INDIGENT DEFENSE LEAD POISONING PREVENTION & REMEDIATION It is time for the state to assume complete responsibility for indigent defense. Considering the Given the devastating impact lead can have on revenue losses counties have sustained, Ohio should children’s bodies, it is a critical health and education relieve counties of this burden. The state made issue. Minority and low-income children are substantial progress toward this goal in the FY 2020- disproportionately affected because they live in older 2021 budget and this process should be finalized housing units. in the FY 2022-2023 budget biennium. For a more detailed description of the history and details, please The FY 2020-2021 state budget established a lead see the Justice and Public Safety section of this abatement income tax credit and a grant program document. using Medicaid funds administered by the Ohio Department of Health. NEXT GENERATION WORKFORCE These initiatives are important, but given the scope High Quality Preschool of the problem, it is time to redouble efforts to help residents to conduct testing and take steps to Several metropolitan counties are providing remediate lead. We need a strong state partner that resources to promote county-wide access to high can help our communities with resources to combat quality preschool. Many counties are working with this problem. various business and community leaders to follow best practices that lead to an educated and prepared future workforce. By ensuring that all children can attend at least one year of affordable or no-cost, high quality preschool, a number of critical indicator improvements are likely: • Children who attend high quality preschool are more likely to complete high school and attend college. • Children who attend high quality preschool are less likely to enter the criminal justice system or go to prison. • Children who attend high quality preschool are more likely to earn a living wage within a career with advancement opportunities.

38 | 2021/2022 Legislative Platform TAXATION AND FINANCE Chair: Dan Dean, Fayette County Commissioner Vice Chair: Steve Davis, Fairfield County Commissioner Staff: Jon Honeck, Senior Policy Analyst and Adam Schwiebert, Policy Analyst COMMITTEE PRIORITIES EXTEND THE SALES TAX TO SMALL HOTELS

The General Assembly enacted several of CCAO’s CCAO recommends that the sales tax exemption for key policy priorities into law in the FY 2020-2021 small hotels be removed so that the sales tax applies budget bill. Most importantly, the General Assembly to all hotel transactions. followed the US Supreme Court’s decision in Wayfair v. South Dakota by creating an economic nexus Currently, Ohio Revised Code section 5739.01(G) standard that applies sales and use tax law to out- defines a “hotel” for the purpose of the sales tax of-state vendors that lack a physical presence in law as being an establishment held out to the public Ohio. A vendor with $100,000 in annual sales or where sleeping accommodations are offered to 200 individual transactions in Ohio must register guests, in which there are five or more rooms that with the Ohio Department of Taxation and collect use are used for the accommodation of the guests. tax. These same thresholds apply to a business that The definition effectively exempts rooms at small runs an online marketplace that sells products from hotels and “bed and breakfasts” from the sales tax. other companies. These changes modernized the Commissioners can adopt a resolution to extend the sales and use tax to keep up with the shift to internet lodging tax, but not the sales tax, to these smaller transactions, and they played an instrumental role establishments. in supporting county revenues during the COVID-19 pandemic. This exemption leads to a significant tax revenue loss in counties with numerous small hotels. Other notable changes included additional, permissive authority to enact a sales tax specifically The revenue loss will only grow worse over time as to construct or renovate a county detention center, Airbnb and other online hotel booking sites become and the ability to adjust sales taxes in increments of more widely used. .05%. The committee thanks the General Assembly for its support of counties and looks forward to a ENSURE CORRECT VALUATIONS IN REAL ESTATE dialogue about the following priorities in 2021 – TRANSACTIONS USING LLCs 2022. It has become common in real estate transactions, PRESERVE STATE/COUNTY SALES TAX BASE including residential sales, to characterize the sale as a transfer of ownership shares in a limited liability CCAO urges the Administration and the General company or other pass-through entity. In this way, Assembly to preserve Ohio’s sales tax base. the parties avoid recording a new deed with the county auditor and paying the conveyance fee (real CCAO opposes legislation which would narrow the property transfer tax). This practice reduces county sales tax base, such as legislation that would exempt revenue and undermines the ability of the auditor employment services and employment placement to fairly value the property. Over time, as real estate services from the sales tax. transactions are removed from public scrutiny, it becomes increasingly difficult to maintain a complete Given the state’s increased reliance on the sales tax list of comparable arms-length transactions that are as the #1 revenue source to the state GRF, it stands necessary for the county auditor to establish proper to reason that state government has a compelling valuations. As a result, property tax millage may be interest in protecting the sales tax as a critical part set at higher rates than are otherwise necessary and of the state tax base. Thus, the state and counties taxing districts must file more frequent challenges of should work together to protect the sales tax as a LLC-owned property. critical funding source for both levels of government. 2021/2022 Legislative Platform | 39 TAXATION AND FINANCE CCAO supports legislation that will ensure transpar- supports annual adjustments to the motor fuel tax ency when a controlling interest is transferred in an indexed to the rate of inflation. LLC that owns real estate. Legislation should create and enforce a method to fairly value real estate in Ohio, like much of the country, is facing massive transactions that include many different types of water and sewer infrastructure upgrades. The Flint, assets so that the transfer tax can be levied in a fair Michigan, water crisis and the Sebring, Ohio, lead and transparent manner. contamination tragedy illustrated the challenges that our aging infrastructure is facing to adequately MODERNIZE INFRASTRUCTURE FUNDING provide quality drinking water for our citizens and businesses that rely on water. Ohio’s infrastructure has a huge impact on economic development and quality of life. The U.S. Environmental Protection Agency’s water quality report to Congress says it will take more The adequacy of infrastructure funding for our than $14.5 billion to fully fund needed storm water highway transportation system and our local utility and waste water projects in Ohio, and $12.2 billion infrastructure must be revisited. for drinking water projects, over the next twenty years. Ohio requires $7.5 billion in capital costs to Adjustments to highway user fees, and additional prevent or control mixed storm water and untreated grants, loans and subsidies for the capital costs of wastewater from discharging into water systems – local utility infrastructure need to be considered by the second highest of all states. the state. Project costs for new construction, repair or Historically, Ohio has met its transportation needs maintenance of our water and sewer infrastructure with motor vehicle fuel (gas) taxes and motor vehicle far exceed the financial capacity of the counties and license fees. Ohio counties rely on an equal share local governments to incur these obligations. The of gas taxes to each county as well as a formula for state must find ways to address these challenges distribution of motor vehicle license taxes to provide and facilitate payment of these project costs. CCAO stable funding for county highway improvements. recommends exploring options such as: allocating While the combination of gas taxes and license fees public works bonding capacity to these projects, has worked well for Ohio’s counties and the state, re-establishing the Ohio water and sewer rotary inflationary increases in the cost of construction commission, and providing greater funding support, have effectively reduced the buying power of user fee including more matching grants for governments and dollars to make necessary improvements to county citizens confronted with EPA orders to install water roads and bridges. and sewer systems.

In 2019, the transportation budget bill enacted the SUPPORT FULL RESTORATION OF THE LOCAL first increase in Ohio’s motor fuel tax since 2005. GOVERNMENT FUND TO 3.68 PERCENT OF STATE The tax on gasoline increased by 10.5 cents per GENERAL REVENUE FUND TAX REVENUE gallon and the tax on diesel fuel by 19 cents per gallon. At the time, this increase was expected to CCAO supports the full restoration of the Local generate $865 million annually for road and bridge Government Fund to 3.68% of state General construction and repair. Of this total, approximately Revenue Fund tax revenue, the statutory level in $135 million total was designated for counties. 2011 before the LGF was cut in half.

In 2020, however, the pandemic caused a dramatic The Local Government Fund (LGF) represents the shift in driving habits, and motor fuel purchases most critical element of state assistance to counties. fell significantly. A continuation of this trend will In most counties, the LGF is one of the larger jeopardize county road projects, which are facing individual sources of income to the county general years of deferred maintenance. Counties will need fund. The concept of sharing the major state taxes additional financial support for road and bridge with local governments should be retained. From infrastructure until the pandemic subsides. CCAO the perspective of counties, the LGF helps pay for 40 | 2019/2020 Legislative Platform TAXATION AND FINANCE various state-mandated programs. Unfortunately, the Local Government Fund has been reduced in recent RESTORING THE LGF TO ITS years, posing an increasing challenge for counties. PREVIOUS STATUTORY LEVEL OF From 2001 to the present, the LGF experienced the 3.68% OF THE GENERAL REVENUE following changes in relation to the state: FUND (GRF) RECEIPTS WOULD • July 2001 to January 2008 LGF was cut and frozen for 6.5 years resulting in a $644 million CREATE AN ADDITIONAL $145 gain to the state GRF and an equivalent loss to local governments. MILLION ANNUALLY FOR COUNTIES. • LGF put back on a percentage of tax receipts MODERNIZE COUNTY BUDGET PROCESS AND formula (3.68% of state GRF) with the support BUDGET CONTROLS of local governments in 2008. • LGF distributions decline by an additional $100 CCAO supports the modernization of Ohio budget million or 14% from 2008 to 2009 due to the and appropriation laws so that the process is fiscal impact of the Great Recession on state better understood by the public, concentrates on GRF revenues. decisions that actually authorize the expenditure of public dollars, and gives enhanced expenditure • SFY 2012-2013 state budget reduces LGF by control to the board of county commissioners as the roughly 50% over a two-year period. appropriation authority. • LGF put back on a percentage of state GRF tax receipts formula with LGF to receive 1.66% of The proliferation of special revenue funds and the state GRF as part of the SFY 14-15 state trend to earmark fees for the exclusive use of certain budget. officials reduces flexibility for commissioners to allocate scarce resources to most-needed programs • House Bill 166, the FY 2020-2021 operating and removes effective oversight of the spending of budget, increases the permanent share of state public dollars. Too often when funds are earmarked GRF tax receipts to 1.68%. for functions of specific county elected officials, these officials feel this money is “theirs” to do with Since 2011, proposals have surfaced in the General as they choose. CCAO opposes any new mandatory Assembly to change the formula for distribution of earmarking of county revenue sources. Ohio’s budget LGF receipts so that townships and municipalities laws should be amended to give commissioners would receive a greater relative share of the funding more oversight over all county budgets. by reducing the amounts received by most counties. PERMIT COUNTY COMMISSIONERS TO ACCESS The primary reason stated for this redistribution SPECIAL REVENUE FUNDS among the political subdivisions in the county is the fact that counties now receive casino revenue. Consistent with the authority of state government CCAO opposes this change in the local distribution to divert money from certain special revenue funds formula because counties continue to fund many to the state general revenue fund and to provide for mandated state programs that benefit the residents the most efficient use of county resources, county of municipalities and townships. If the LGF formula is commissioners should be authorized to divert money to be changed, it must follow an analysis of not only in special funds to the county general fund. Such revenues but also of state mandated expenditure authority should be exercised in accordance with the requirements by various local governments. following: • Not apply to funds comprised of voted property tax levies for specific purposes. • Be done pursuant to a resolution of the board after public notice to other elected officials and 2019/2020 Legislative Platform | 41 TAXATION AND FINANCE the public and after a public hearing. Government Fund receipts resulting from the extension of any tax cuts or tax reductions that • Assure that adequate funds remain in the fund are subsidized with severance tax revenues. to meet any specific statutory mandate. Any revenue required to do this must come off the top prior to any revenue allocated to support • Be authorized through a resolution that applies state agency operations including the ODNR only to the current fiscal year. orphan well closure program. In addition, it should not be taken for the allocation • Where a county elected official has control distributed to local governments within the over a special revenue fund, permit the official shale plays. to authorize the commissioners to transfer money from the special fund to the county • Some revenue should be used to restore local general fund. If the county elected official with government funding cuts or to provide property control over a fund refuses to authorize a tax relief. transfer, permit the commissioners subject to • The property and Ad-Valorem tax formula the conditions outlined above to transfer special in state law needs to be revised. Specifically, revenue funds to the general fund. the law should provide local communities with more revenue from property taxes than they are SEVERANCE TAXES ON OIL AND GAS expected to receive under the current tax structure. The ad-valorem tax formula should CCAO supports the following policy with respect to establish separate values for natural gas and any proposal to increase severance taxes on the its various derivative products, such as, but not production of oil and gas: limited to, methane, ethane and propane. • Increase the tax rate – The severance tax on • Road Use Maintenance Agreements (RUMA) – oil and gas companies should be increased to a RUMA must be a mandatory condition for rate reasonably similar to the severance tax issuing a state permit for an oil and gas well rates established by other oil producing states. and for a deep injection well for hydraulic fracturing waste fluids. If an agreement cannot • Majority of revenue to impacted counties – At a be reached between the well owner/drilling minimum, a majority of the severance tax company and local governments, a provision revenue derived from horizontal wells should should be made for the appointment of an be retained by the counties in the Marcella or arbitrator to resolve any disputes and to make Utica shale plays. This revenue should sure that a RUMA does not become an be utilized by the counties and other local impediment to oil and gas development. CCAO governments to develop infrastructure that also supports a RUMA requirement in cases improves the health, safety and welfare of their of natural gas and other pipelines which trench citizens or is designed to enhance the potential road rights of way and other public for economic development, job creation and infrastructure. It is important that public growth within the shale play area. In addition, roads be protected from damage by pipeline this revenue should support the increased transportation companies and a mandatory demand for government services that are RUMA protects the public investment in highway required to respond to, mitigate or minimize infrastructure. the impacts resulting from the activity to access, extract, refine and transport to markets • Injection Wells – The state should raise fees the minerals contained in the shale plays. on the disposal of hydraulic fracturing waste and share the revenue with impacted local • Revenue from increased severance taxes on oil governments to fully reflect the impact that and gas companies should be used minimally to heavy truck traffic has on public infrastructure. subsidize any form of tax cuts. Provisions should be made for local • LGF hold harmless – Local governments must governments that have Class II injection wells be held harmless for any reduction of the Local operating within them to receive compensation 42 | 2019/2020 Legislative Platform TAXATION AND FINANCE from the injection well operator based on the no supplantation of existing funding embodied in the volume of hydraulic fracturing waste disposed constitution. through the well. Waste liquid derived from the hydraulic fracturing process must be required LEGALIZE SPORTS BETTING to be processed to reclaim and recycle the water and its other natural and chemical CCAO supports the legalization of sports betting in additives and reduce the volume of material Ohio, provided that counties receive a fair share of remaining that retains no commercial value. The revenue from this type of wagering, similar to the remaining fracturing liquid must be disposed of current distribution formula for casino revenue. in a manner approved by the Ohio EPA. DEVELOPMENT IMPACTS ON TRANSPORTATION RENEWABLE ENERGY PILOT PAYMENTS INFRASTRUCTURE

Current law gives commissioners the authority to While CCAO supports the expansion and approve payments in lieu of taxes (PILOT payments) development of businesses, counties need for wind, solar, and other types of renewable projects additional revenue sources and assistance to (ORC 5727.75). These payments are limited to address new infrastructure demands caused by that $9,000 per megawatt of nameplate capacity. CCAO expansion and development. supports indexing the payment limit to the annual rate of inflation. CCAO also supports legislation CCAO supports additional grants and revenue to require project applicants to provide accurate sources from the state to help finance such and verifiable information on the amount of utility infrastructure. In providing additional support to tangible personal property taxes and real property counties for transportation infrastructure, the state taxes that would be foregone if the application is needs to consider the different needs of rural and approved. Counties should have the option to choose urban areas by providing assistance to address the current system or to base PILOT payments on a specific types of infrastructure challenges that are percentage of annual taxes that are foregone due to unique to rural, suburban and urban areas. the exemption. CCAO also supports a requirement that county commissioners and county engineers be notified of COMMITTEE RECOMMENDATIONS anticipated major new operations or expansions of businesses that could impact roads. CCAO supports a CASINO REVENUES requirement that businesses/developers should work with local officials in exercising mutual responsibility to CCAO believes that the will of the voters in providing maintain the local highway infrastructure. for the distribution of revenues to counties and other local governments should be upheld and that efforts In addition to financial support from the state, to earmark or specify how these revenues are to CCAO also supports new local tools, including be used by local governments should be avoided collaborative authority for local governments to by the legislature, particularly given the uncertainty create transportation innovation authorities (TIAs). associated with this new revenue source. Any Transportation innovation authorities have been change in allocation of the gross casino revenue tax utilized by local jurisdictions in other states to finance should only occur pursuant to another constitutional cross-jurisdictional and multimodal transportation amendment. projects that have created jobs.

The constitutional amendment provides clear IMPACT FEES language prohibiting the state from supplanting existing funding obligations of the state with the new The legislature should authorize counties to impose revenue. Efforts to change the Local Government impact fees for new development. Fund distribution formula to give more funds to municipalities and townships violate the principle of Permissive authority to impose impact fees should 2019/2020 Legislative Platform | 43 TAXATION AND FINANCE require counties, subject to public notice and joint self-insurance cost allocation methodologies comment, to conduct a careful study of additional for benefiting special funds in the county. CCAO costs attributable to new development and provide recommends that the statutes relating to purchase of an equitable system for distributing costs among health insurance and property and liability insurance benefiting users. be reviewed to assure that ORC Sections 9.833, 2744.08 and 2744.081 are consistent and comply Impact fees could be used to pay for highway with professional insurance, actuarial and technical improvements, recreational facilities, and water, standards. As it relates to cost allocation language in sewer and drainage improvements. these laws, they should be consistent with language in ORC Section 4123.41, which relates to the WAIVER OF TAX BUDGET allocation of costs for workers compensation.

Permit a board of commissioners to waive the tax Current insurance laws provide that costs are to be budget for all levy-funded county agencies, provided based on the relative exposure and loss experience. the county budget commission is given necessary CCAO seeks an amendment to add “or any information on tax levy funds. combination of these factors,” to be consistent with language in the workers compensation statute. STATUTORY COURT COSTS PERMISSIVE TAXES Clerk of court fees (ORC Section 2303.20) were last increased in 1992, and probate court fees As part of its continuing joint effort with the state to (ORC Sections 2101.16 and 2101.17) have not provide stable funding sources for counties, CCAO been increased since 1976. These fees help offset supports increased flexibility for counties to levy the cost of the operation of the clerk of courts permissive sales and use taxes to fund needed office and probate court. CCAO asks that these services at the local level. CCAO appreciates the fees be increased significantly to offset the gross change made in the FY 2020-2021 budget bill depreciation in their value resulting from inflation to allow adjustments to the county sales tax in over the 28-year and 44-year periods. increments of .05 percent.

BILLING FOR COUNTY EMS RUNS CCAO also supported another provision enacted in the FY 2020-2021 budget bill that allowed for CCAO supports an amendment to the county EMS transfer of up to 0.5% in unused transit authority law explicitly granting counties authority to bill third taxes to counties for the purpose of jail construction parties for emergency medical service runs. and renovation. This law should be broadened to include operating expenses. The law should not LOCAL GOVERNMENT FUND ESTIMATES require commissioners to submit the proposal to the electors; however, the right to referendum should be CCAO supports an amendment to the Local retained. Government Fund (LGF) law to require the Department of Taxation to issue to each county The authority to levy local sales taxes should be auditor updated LGF estimates in the same manner reserved for counties, and CCAO opposes efforts in which such estimates are provided for the Public to give this authority to school districts and other Library Fund during the calendar year in which such political subdivisions. funds are to be distributed. SALES TAX BASE BROADENING AND TAX REFORM TRANSFERS FROM SPECIAL FUNDS TO THE GENERAL FUND FOR COST OF INSURANCE AND As part of a continuing effort to provide stable SELF-INSURANCE revenues to counties, enhance county fiscal security and generate revenue in a fair and equitable manner CCAO appreciates recent changes to the joint self- from all segments of our evolving economy, CCAO insurance statutes that harmonize the single and supports the broadening of the state’s sales and use 44 | 2019/2020 Legislative Platform TAXATION AND FINANCE tax base to include additional services and internet, provisions of law (ORC Sections 5739.07 (D) and catalogue and telephone sales. 5739.16 (A)(3)) permitting a consumer or vendor to waive, with the approval of the tax commissioner, the CCAO objects to, and will strongly oppose, efforts to four-year time limit for an indefinite period of time. reduce or eliminate, or to recapture for the benefit of the state at the expense of counties, any additional Existing law requires the tax commissioner to recover sales and use tax revenue generated by counties from the current receipts of the same tax source through any broadening of the sales and use tax from which a refund is to be paid. base that extends the tax to additional services, or to additional types of sales, such as internet, catalogue If the current receipts from that tax source are or telephone sales. Finally, if any new tax reform inadequate for the purpose of covering the refund, results in the repeal or modification of additional then the refund is transferred from the current major local taxes, the General Assembly should receipts of the state sales tax and then reimbursed provide full, complete and permanent replacement of to the state from the next distribution of that tax to lost revenue to local governments. the taxing jurisdiction.

If the refund exceeds 25% of the next distribution IN ORDER TO STABILIZE COUNTY of the tax, the tax commissioner may spread the recovery over a period of no more than three years, REVENUE, THE STATE MUST PROTECT taking into account the amount to be recovered and THE SALES TAX BASE, THE PRIMARY the amount of future distributions (ORC Section 5703.052). REVENUE SOURCE FOR COUNTY CCAO supports extending the length of time a GOVERNMENT, FROM NEW CARVE county may reimburse a consumer or vendor for an overpayment, from a maximum of three years to a OUTS AND EXEMPTIONS. maximum of four years.

VENDOR OR CONSUMER SALES TAX REFUNDS CCAO supports requiring the Department of Taxation to share sales and use tax return and audit Consumer or vendors have four years from the date information to boards of county commissioners to that they erroneously or illegally paid the tax to file verify vendor compliance with a county’s sales and for a refund with the tax commissioner, unless the use taxes. consumer or vendor, with the approval of the tax commissioner, waives the four-year time limitation INDIRECT COST under ORC Section 5739.16(A)(3). If the time limitation for filing a refund request is waived, state CCAO supports legislation to authorize counties to law should be amended to require that the refund recover indirect costs, including the costs of building period is extended so that the refund occurs over the renovations and expansions, from non-general fund same time period as the waiver. programs, following strict cost accounting principles.

State tax policy should discourage overpayment CONTROL OF AUDIT COSTS of state sales taxes by vendors. Vendors should be encouraged to pay only the sales taxes that CCAO supports legislative and other efforts to relieve are owed, thus minimizing the need for costly counties of the costs imposed by state audits. Audit and financially disruptive refunds paid by county cost reductions should be based on the population governments. of the county, a percentage of the county’s annual budget, or other fair and equitable criteria, with CCAO supports reducing the time period during which special consideration given to the costs imposed on a consumer or a vendor may seek a refund from four less-populated counties. to three years. CCAO also supports eliminating the 2019/2020 Legislative Platform | 45 TAXATION AND FINANCE In addition, CCAO supports legislation authorizing Finally, CCAO seeks an increase in the current 50 county commissioners to charge each office for the cent fee to $2.00, which goes to the county auditor’s cost of an audit performed by the state auditor’s office, for the transfer or entry of land, lot, or part office, and authorizing the state auditor to waive of lot, or the transfer or entry on or after January annual audits in favor of biennial audits for entities 1, 2000, of a used manufactured home or mobile that the state auditor determines to be at low risk of home as defined in ORC Section 319.54(G)(2). having audit exceptions. COUNTY BOARD OF REVISION CHANGES DEPOSIT OF ALL FUNDS IN COUNTY TREASURY CCAO supports legislation to achieve the following: Under current law, there are a variety of bank • Create a more informal review process for accounts maintained outside of the county treasury. adjustments to disputed valuations of $50,000 CCAO supports legislation to require all monies or less. collected by county agencies to be deposited and disbursed from the county treasury and all outside • Allow county auditors, with the approval of the bank accounts be closed. Asset forfeiture funds board of revision, to correct errors in real should also be accounted for within the county property valuations after the tax duplicate is auditor’s general ledger. Exceptions to this general delivered to the county treasurer. rule would be allowed for child support custodial • Allow a board of revision to issue subpoenas monies and law enforcement undercover accounts and compel the attendance of witnesses and of the sheriff and prosecutor. In the case of these production of records and documents. accounts, additional financial reporting and internal controls would be required. • Allow a board of revision to issue protective orders to restrict discovery of a complainant’s USER FEES confidential information. • File complaints with the probate court to compel CCAO supports the increased utilization of user fees compliance with the board’s directives. to fund specific county services. CCAO supports a thorough review of user fees and modernization of all • Prevent any complainant who fails to provide to user fees to reflect the cost of doing business. the board of revision any evidence or information that affects a property valuation General tax dollars should not be allocated to from introducing that un-provided evidence subsidize county functions that benefit users of or information in any appeal to the board of tax specific services. Where policy does not dictate appeals or to a court. uniform statewide fees for services, the county • Require any person to be current in the payment should be given additional authority to adjust fees of property taxes in order to file an appeal with to reflect the cost of performing the specific service. the board of revision. Existing fees that go to the county general fund should not be earmarked for the exclusive use of CCAO opposes legislation to permit anyone to appeal any one office. County commissioners must have a decision from the county board of revision to the flexibility to allocate resources in the budget process common pleas court. Appeals from the board of and provide appropriate oversight of spending of revision to the common pleas court should remain public monies. limited to property owners.

In addition, authority should be granted to establish COMPETITIVE BIDDING fees for the services of the county auditor as the sealer of weights and measures. Larger counties should be permitted to waive performance bond requirements on construction Counties also should be given permissive authority projects that do not exceed $250,000. to test the quality of fuel, but only if fees are charged to the fuel providers to fully fund the initiative. The threshold for competitive bidding should be 46 | 2019/2020 Legislative Platform TAXATION AND FINANCE raised from $50,000 to $100,000 (ORC 307.86). The generating agency, office, officer, board or Indexing of the competitive bid limit to the tribunal must make original invoices, receipts, consumer price index (CPI) should be required on bills, credit card statements or checks available for either an annual or biennial basis. Corresponding the county auditor to inspect at a time and place increases should occur in the threshold for waiver of mutually convenient to both. competitive bidding due to an emergency. The county auditor must not require a generating CONTRACTS FOR FISCAL AND MANAGEMENT agency, office, officer, board or tribunal to provide CONSULTANTS original invoices, receipts, bills, credit card statements or checks if originals are required to CCAO supports legislation to provide that all remain in the possession of the presenter for use in contracts for fiscal and management consultants connection with any state, federal or other audit. only can be executed by a board of county commissioners. This does not apply to appraisal TAX MAP OFFICE contracts paid from the real estate assessment fund. CCAO supports amending Ohio law to eliminate the ADVERTISEMENT OF DELINQUENT PROPERTY requirement that commissioners fund the tax map TAXES office from the general fund. Instead, the law should allow the tax office to be funded from the real estate CCAO supports legislation to establish a dollar assessment fund (REA) and designate the county threshold below which the listing of delinquent property auditor as the appointing authority of the tax map taxes would not have to be advertised in newspapers draftsman and other tax map office employees. of general circulation and allow the full delinquent Permit the consolidation of tax map office services property tax list to be published on the internet. and geographic information system (GIS) services.

STATE TERM CONTRACTS COUNTY ENGINEER FUNDING

CCAO supports legislation to eliminate state fees CCAO supports legislation that eliminates the and quarterly reporting requirements for local requirement that the commissioners support any governments using state term contracts and permit part of the operation of the county engineer’s local governments to take delivery of patrol cars office from the county general fund. To the extent through local dealers. constitutionally permissible, the engineer’s office should be wholly funded through motor vehicle gas PRESERVATION OF PROPERTY TAX CREDIT and license tax revenues collected by the state and PROGRAMS FOR TAXPAYERS distributed to county motor vehicle license and gas tax and road and bridge funds by the state. CCAO opposes efforts to further reduce in scope or eliminate the current state-funded property tax relief PROHIBIT TAX LEVIES AT SPECIAL ELECTIONS programs, including the 10% non-business credit, the 2½% owner occupied credit, and the homestead Support legislation prohibiting taxing districts from exemption program. submitting tax levies at special elections in August.

PRESENTMENT OF CERTIFIED COPIES, IN PLACE PAYMENT OF LODGING TAXES OF ORIGINALS, TO THE COUNTY AUDITOR Support legislation to increase the penalties for CCAO supports legislation that would authorize failure to collect and remit the lodging tax to local the county auditor, when verifying the amount and taxing districts (counties, municipal corporations and purpose of monies payable from the county treasury, townships) so that the penalties are similar to the to accept legible certified copies of original invoices, penalties established by existing Ohio law for failure receipts, bills, credit card statements or checks in to collect and remit sales and use taxes. place of original documents. 2019/2020 Legislative Platform | 47 TAXATION AND FINANCE LODGING TAX AND CONVENTION AND VISITORS TAX INCREMENT FINANCING (TIF) BUREAUS The law permits counties, municipalities and Counties may levy a lodging tax of not more than 3% townships to establish TIFs that commence on transient guests who stay at places of lodging in whenever one of the following occurs: the county. Existing law (ORC Section 5739.09 (A)) • The value of an improvement exceeds a requires the county levying a lodging tax on lodging specified amount. transactions, after paying the cost of administering the tax, to return an amount not to exceed 1/3 to the • The construction of one or more improvements municipal corporation or township (that is not levying is completed. the same lodging tax) in which the place of lodging is • Regarding an incentive district TIF, the located. At least 2/3 of the revenue remaining after exemption may commence in different years the cost of administering the tax must be placed in on a parcel-by-parcel basis. This language a special fund to the benefit of the convention and has the practical effect of allowing TIFs to exist visitor’s bureau. well beyond the 30-year time period originally authorized for a TIF. CCAO supports legislation CCAO supports legislation that would revisit the that would limit TIFs to as close to 30 years as relationship between convention and visitors’ possible while grandfathering TIFs that have bureaus and taxing authorities with particular been authorized under the new law and are emphasis upon the purposes for which convention currently in place. and visitors’ bureaus may expend funds and the reporting requirements of bureaus to taxing CCAO opposes efforts to expand the allowable uses authorities. CCAO also supports legislation that of TIFs to include services and activities that are not would allow the county to retain a greater percentage directly related to the construction and maintenance for the administration of the tax. The General of physical infrastructure. TIFs should be used as a Assembly should also consider raising the allowable tool to develop public infrastructure such as roads tax rate that may be levied by the county. or utility lines that benefit the general public rather than a tool to offset private development costs PUBLIC UTILITY PERSONAL PROPERTY TAXES of particular projects or developers. The primary purpose of the TIF should be to support industrial During 2005 to 2008, the state, under tax reform, or commercial projects rather than residential phased out tangible personal property taxes development. on machinery, equipment and inventory paid by businesses operating in Ohio, but retained Current law allows commissioners to object to a personal property taxes on the tangible personal municipal or township incentive district TIF if the property of public utilities, including electric, rural duration exceeds ten years or the percentage electric, natural gas, pipeline, water works water exemption exceeds 75%. The law also includes a transportation, heating and telegraph companies. default compensation mechanism if the parties Given the importance of this remaining revenue do not reach agreement. This default provision source to counties and local governments, CCAO should be expanded to include parcel TIFs and allow opposes elimination of or further reductions to commissioners to object and receive compensation personal property taxes paid by public utilities for any TIF if the duration exceeds ten years or if operating in Ohio. value of the exemption exceeds 50%.

When a utility taxpayer files an application for a VALUATION OF LOW INCOME HOUSING PROJECTS reduction in the value of tangible personal property taxes with the tax commissioner, local taxing In the case of Woda Ivy Glen Ltd. Partnership districts, including the county commissioners vs. Fayette County Board of Revision (2009), the should be notified of the application and should Ohio Supreme Court ruled that new low income have standing to appeal the decision of the tax rental properties must be appraised using an commissioner. income approach rather than a cost approach to 48 | 2019/2020 Legislative Platform TAXATION AND FINANCE value. This decision has the practical effect of undervaluing the construction valuation of these properties, disregarding income to the owners of these properties who receive substantial tax credits, decreasing the tax base for taxing districts and shifting the tax burden to local residential and agricultural land owners.

CCAO supports an amendment to the property tax law that would permit the valuation of such properties based on construction value, not income. If income approach to valuation must be used, then the value of all income tax credits should be added to the income of the owners of such properties for valuation purposes.

SUNSET THE COUNTY RECORDERS TECHNOLOGY FUND

The law permits any county recorder to request on an annual basis that additional county recordation dollars be allocated to the County Recorders Technology Fund for a period of five years. If requested by the county recorder, establishment of the fund and allocation of the recordation fees from the general fund to the Technology Fund is mandatory. CCAO supports letting this mandate expire at the end of 2023 when existing law makes the allocation of funds discretionary on the part of county commissioners.

LIBRARY AND HEALTH DISTRICT LEVIES

CCAO supports giving a board of commissioners discretion regarding the submission, type (renewal, increase, reduction or replacement), millage, and duration of property tax levies submitted to the voters for the purpose of funding a health district, library, or any other taxing authority with unelected members. Existing law requires a board of commissioners to submit a levy to the voters whenever requested by a board of health or a library board.

2019/2020 Legislative Platform | 49 WATER QUALITY TASK FORCE Co-Chair: Pete Gerken, Lucas County Commissioner Co-Chair: Douglas Spencer, Auglaize County Commissioner Staff: Adam Schwiebert, Policy Analyst

One of Ohio’s most valued treasures is its natural priority on their operations. All agricultural producers, resources. Water, in particular, is especially plentiful along with their industry partners, must make across the state and serves as the backbone for protecting water quality a priority if Lake Erie’s health agricultural, tourism, recreation and other industries. is to improve. Those who do not utilize voluntary best Clean water is a crucial component to a stronger management practices should be open to regulation. economy and a more prosperous and enjoyable state. SUCCESSFUL NUTRIENT REDUCTION Ohio faces a number of water quality challenges EFFORTS WILL REQUIRE BUY-IN AND which threaten the economic vitality, ecological sustainability, and at times, quality of human health PARTICIPATION FROM ALL AFFECTED across our state. These challenges are seen in the annual Harmful Algal Blooms (HABs) in Lake Erie’s STAKEHOLDERS, INCLUDING Western Basin, algae development on the Ohio River, and in the outdated and dangerous lead pipes still in THOSE IN AGRICULTURE, PRIVATE use in many communities. Ohio must address these INDUSTRY, CENTERS OF HIGHER challenges and others if the state wishes to prosper. EDUCATION, AND THE PUBLIC, Ohio’s water quality challenges are multifaceted with multiple contributing factors. Agricultural ALONG WITH LOCAL, STATE AND nutrient runoff, failing home sewage treatments systems, combined sewer overflows, disposed FEDERAL GOVERNMENTS. dredge material, industrial discharge and discharge from wastewater treatment facilities are all Ohio should lead the way to accomplish the contributing to nutrient pollution affecting Lake Erie recommendations of the Western Basin of Lake and other waterways in Ohio. Changing weather Erie Collaborative Agreement that recommended patterns featuring more frequent heavy rain events a 40% total load reduction in the amount of total exacerbate the transmission of these nutrients to and dissolved reactive phosphorus by 2025. While Ohio’s waterways. this remains an ambitious target, the Water Quality Task Force remains fully committed to this effort. Ohio and its neighboring states as well as Canada Efforts to reduce nutrient pollution in Lake Erie must simply cannot afford to fail. It will require sustained be accounted for from non-point sources as well as participation, investment and timely actions by many, point sources. Improving water quality is a complex utilizing all available technologies, in order to fulfill challenge and progress should be viewed on a time this critical objective. horizon which recognizes that new practices may not yield immediate results. COMMITTEE PRIORITIES The agricultural community has a prominent role to play in reducing non-point source nutrient loading H2OHIO AND WATER QUALITY IMPROVEMENT into the Western Lake Erie Basin. Agricultural FUNDING producers who utilize best management practices to reduce nutrient runoff should be recognized for One of the most promising state developments for their efforts to improve water quality. However, there water quality improvements was the establishment must be a continued emphasis on those agricultural of the H2Ohio Fund in the state biennial budget producers who do not utilize best management bill. The two-year $172 million H2Ohio Fund was practices or make the protection of water quality a established to fund water quality improvements 50 | 2021/2022 Legislative Platform WATER QUALITY TASK FORCE across the state, with an emphasis on agricultural is essential to improving water quality. The financial practices, wetlands creation and restoration, and costs of the tools, technology, infrastructure and home septic and lead pipe upgrades. manpower needed to improve water quality across Ohio, however, cannot be borne by counties alone. The H2Ohio Fund’s early initiatives have shown a broad interest from agricultural producers. H.B. 166 of the 133rd General Assembly made a Particularly in the Maumee River Watershed, over meaningful and appreciated $5 million investment 2,000 agricultural producers have applied for H2Ohio increase into local SWCDs. These investments funds for nutrient best management practices to must be sustained for the crucial work of SWCDs be utilized on nearly 1.2 million acres of farmland. to continue. State budgetary challenges threaten The Ohio Department of Natural Resources (ODNR) the 1:1 state-local funding match. Furthermore, has 26 wetland projects in contract and the Ohio this investment should be protected to ensure that Environmental Protection Agency (OEPA) has all portions of the state have the necessary SWCD awarded over $4 million for seven critical water resources available to address the unique challenges infrastructure projects. of their counties.

However, the future of the H2Ohio Fund remains CCAO has additional positions relative to SWCDs that uncertain. State budgetary challenges have limited can be found under the Agriculture and Rural Affairs some portions of the fund’s scope and questions section of this document. remain about the long-term sustainability of the program. CCAO encourages state lawmakers to find LAKE ERIE IMPAIRMENT & TOTAL MAXIMUM DAILY creative ways to provide the necessary resources LOAD to sustain these vital efforts. Addressing Ohio’s water quality challenges requires a sustained state In March 2018, OEPA designated the open waters of commitment. the Western Lake Erie Basin to be impaired. Typically, designating a body of water as impaired triggers a review of pollution sources, the establishment of ADDRESSING OHIO’S WATER Total Maximum Daily Loads (TMDLs) for pollutants, QUALITY CHALLENGES REQUIRES A and a plan of action for meeting those TMDLs. However, OEPA did not begin the TMDL development SUSTAINED STATE COMMITMENT. process until February 2020. It is anticipated that the TMDL for the open waters of Lake Erie’s Western Additionally, there should be an emphasis on Basin will take several years to develop. measuring the results of H2Ohio and other programs in key areas of the state and using that data to CCAO recommends OEPA complete the TMDL drive future water quality improvement actions. The process within a two-year timeframe and provide Platter Creek, Little Flat Rock Creek, Little Auglaize quarterly public updates throughout the TMDL River, Eagle Creek, Auglaize River, Blanchard River, development process to keep local officials informed St. Marys River and Ottawa River are all watersheds about the latest developments. When local officials, in Northwest Ohio that have experienced elevated agricultural producers and others know what to nutrient levels which feed into Lake Erie’s Western expect from a TMDL, they can better prepare for its Basin. Results from these watersheds and others implementation. should be used to shape and drive future water quality improvement efforts. CCAO asks that as the state develops its TMDL for the Western Basin, it take into consideration the SOIL AND WATER CONSERVATION DISTRICTS complexity and potential expense of enforcement FUNDING actions. Distinctions should be made between actors who are making good-faith efforts to reduce nutrient County soil and water conservation districts (SWCDs) loss and those who do not make water quality a play a critical role in improving water quality across priority. A TMDL could have significant impact on the state. The expertise that county SWCDs provide agricultural producers, landowners, businesses and 2021/2022 Legislative Platform | 51 WATER QUALITY TASK FORCE local governments. The goal of a clean Lake Erie Additionally, consideration should be given to bond- is a worthy endeavor; pursuing that goal requires funded improvements as a vehicle for clean water a balanced approach. Improved water quality improvement efforts. Senate Joint Resolution 1 of and vibrant industries do not have to be mutually the 133rd General Assembly would establish a $1 exclusive goals. billion bond fund to fund a wide variety of water quality initiatives. Should state general revenue WATER INFRASTRUCTURE BONDING AND funding prove limited for H2Ohio and other water FUNDING quality efforts, bond funding may be a workable alternative to ensure these programs move forward. As owners of regulated and permitted publicly owned treatment works (POTW), counties and county CCAO has additional positions relative to sanitary engineers have been working with the U.S. infrastructure funding that can be found under the Environmental Protection Agency (USEPA) and OEPA Jobs, Economic Development and Infrastructure on nutrient loading issues for many years through section and the Taxation and Finance section of this the permitting process. New regulations, policies, document. aging facilities/infrastructure and technical advances directly contribute to the management process of RESEARCH AND RESEARCH FUNDING facilities, as well as the cost allocation assessed to rate payers. More research is needed from the scientific community, with consideration of adverse climate CCAO supports efforts to allocate additional public impacts to water quality in Lake Erie and the rest works bonding capacity for water and sewer projects. of Ohio. This research should be conducted by land Water and sewer infrastructure projects pose grant universities and other institutes of higher significant costs challenges for local governments, education from Ohio, Indiana and Michigan. Specific and state assistance is needed to make many of research should be done on heavy rain events and these critical infrastructure upgrades a reality. the causes of increased phosphorus solubility.

There are several sources of low interest loans Research should also not be limited to phosphorus available today for water and sewer projects. Many alone. The role that excess nitrogen plays in algal local projects need more grant sources to become bloom development, specifically bloom toxicity, is successful, or to even get started. Ultimately, project less studied and deserves additional study. costs far exceed the financial capability of counties, local governments, and ratepayers. The state must CCAO supports more state funding for Ohio’s research find ways to address the ability of counties, local centers to study water quality issues. Heidelberg governments and residents to afford necessary University’s National Center of Water Quality water and sewer projects. Counties ask the state Research, University of Toledo’s Lake Erie Center to reestablish the Ohio water and sewer rotary and Ohio’s Sea Grant program (including Ohio State commission and provide significantly greater funding University’s Stone Lab) are on the forefront of water support for governments and citizens confronted with quality research and education aimed at maintaining OEPA findings and orders to install or upgrade water the health of Lake Erie. CCAO also strongly and sewer systems. encourages Ohio’s land grant universities to work collaboratively on water quality research endeavors. H.B. 264 of the 133rd General Assembly allowed By combining their expertise and technologies, Ohio’s the Ohio Water Development Authority to refinance land grant universities can maximize their impact on existing water and sewer project loans to save water quality and other challenges. taxpayer funds and enable future projects. CCAO urges that similar refinancing authority should be NUTRIENT MANAGEMENT provided to USDA Rural Development water and sewer loans and other applicable state and federal CCAO is encouraged by efforts of the agriculture programs. community to implement new best management practices such as incorporating the 4 R’s – the 52 | 2021/2022 Legislative Platform WATER QUALITY TASK FORCE right fertilizer, the right rate, at the right time, in the POTWs to pay farmers to implement conservation right place. Cover crops, manure management and farming practices to reduce nutrients from entering effective drainage are also important. More farmers waterways. Wastewater treatment facilities will then are utilizing soil testing data for precision fertilizer receive credits from regulatory agencies to help application than ever before, but even more farmers meet permit criteria. Trading programs are more need to utilize this critical tool. cost-effective and provide broader environmental benefits than just technical upgrades at wastewater CCAO is supportive of efforts to assist farmers in treatment facilities. accessing the necessary tools, technology and best management practices to reduce excess nutrient CCAO would welcome additional state support and loading. H2Ohio and other efforts have provided funding to encourage more credit trading programs, funds that increase access to soil testing, variable similar to the state match program for soil and water rate technology, subsurface placement of nutrients conservation districts. and other proven best management practices. PUBLIC-PRIVATE GREEN INFRASTRUCTURE CCAO encourages the Ohio Department of Agriculture PROJECTS to consider the role of non-permitted livestock operations in manure management best practices. The public and private sectors have a mutual role to Manure management is an important component play in improving water quality across the state, and for water quality improvement, and all producers, cooperation between the two can unlock previously regardless of size, should do their part to responsibly unavailable resources. Private industry and local manage manure resources. CCAO is supportive of governments own considerable infrastructure which providing the Department the necessary funds to can be utilized to further a wide array of water quality complete these monitoring activities. improvement efforts.

OSU Extension has trained over 17,000 certified These types of collaborations would encourage local fertilizer applicators. Now over 12.8 million acres governments to partner with institutions of higher in Ohio are maintained by certified applicators. As education. As with credit trading programs, green better management practices are identified, they infrastructure projects should also be coordinated must be accompanied by education that gives the with quality and timely research to measure the producers the knowledge and tools to implement effectiveness of these programs. them. New, better management practices should be coordinated with quality and timely research to CCAO also recommends that OEPA should include measure their effectiveness. more “green” infrastructure requirements for municipal separate storm water systems in Ohio. DREDGING COMMITTEE RECOMMENDATIONS Dredging Ohio’s shipping channels is an important practice to keep Ohio’s ports open for commercial PHOSPHORUS LIMITS FOR PUBLICLY OWNED shipping. The disposal of dredged material into Lake TREATMENT WORKS Erie’s open waters further increases phosphorus loading into the lake. S.B. 1 of the 131st General OEPA should be consistent and establish by rule Assembly ended the practice of open lake disposal phosphorus effluent limit for all publicly owned of dredged material in 2020. S.B. 299 of the 132nd treatment works (POTWs) in Ohio. General Assembly further provides $10 million in capital funding for projects that repurpose this • CCAO is encouraged that OEPA made available dredged material to avoid open lake disposal. $50 million in interest-free loans in 2018 to help public water systems keep drinking water WATER QUALITY CREDIT TRADING PROGRAMS safe, improve their facilities and reduce the amount of phosphorus they discharge into the Credit trading is the concept of investing dollars from Lake Erie watershed. 2021/2022 Legislative Platform | 53 WATER QUALITY TASK FORCE • We recommend that OEPA also offer additional loan forgiveness (grants) to go along with these loans.

SEPTIC SYSTEMS

OEPA should use its enforcement authority under ORC Chapter 6111 against property owners whose home sewage treatment systems (HSTS) lack an NPDES permit and are designed to discharge off lot.

Local boards of health in Ohio should use their enforcement authority against homeowners with failing HSTS that are significantly contributing to phosphorus pollution.

The Ohio Department of Health should consider imposing more stringent standards when permitting the installation, alteration or operation of HSTS in order to minimize phosphorus pollution. State investment to assist residents in offsetting the costs of these expensive projects would greatly aid in these efforts. The OEPA has previously made a limited amount of assistance available in the past, and such practice should be expanded upon going forward.

FERTILIZER APPLICATOR PROGRAM AND NEW AGRICULTURAL REGULATIONS

With the passage of S.B. 150 (130th General Assembly) which established the fertilizer applicator certification program, and S.B. 1 (131st General Assembly) which prohibits applying fertilizer and manure on frozen or saturated ground, the Ohio Department of Agriculture (ODA) needs to measure constantly to ensure these regulations and programs are effective.

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